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Transplanted Slavery, Contested Freedom, and Vernacularization of Rights in the Reform Era Ottoman Empire
Published online by Cambridge University Press: 07 June 2017
Abstract
This article focuses on the jurisdictional conflicts that emerged at the juncture of the transplanted legalities that followed the Caucasian expulsion in the 1850s and 1860s, the proclamation of the proto-constitution known as the Ottoman Reform Edict of 1856, and the internationally enforced ban on trading in African slaves in 1857. Starting with the Caucasian expulsion, it traces how legal practices were carried over with Caucasian refugees to the Ottoman domains and how the judicial management of slavery-related conflicts determined not only the limits of slavery, but also how such liberal “fictions” as freedom or equality before the law were vernacularized by local agents in the Ottoman Empire. Navigating within a set of what were labeled as freedom suits (hürriyet davaları), I examine how enslaved refugees built their claims in relation to different legal terrains, problems, and concepts. I argue that while Caucasian-Ottoman slavery was economically marginal, it nonetheless posed serious challenges to the new political order the Ottomans aspired to establish, and the abolition that never came continued to bend categories of ethnicity, race, and gender in the decades after expulsion.
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References
1 Başbakanlık Ottoman Archives (hereafter BOA), A.MKT.UM 507/61, 1278.R.14 (19 Oct. 1861).
2 The pençik tax (from Persian pandj yak, and equivalent to Arabic khums) originally designated one-fifth share of booty, particularly war captives, be set aside for the sovereign. For an overview of its development within Islamic jurisprudence, see Zysow, A. and Gleave, R., “Khums,” in Bearman, P. et al. , eds., Encyclopaedia of Islam, 2d ed. (Brill Online, 2016)Google Scholar. In the financial and administrative parlance of the late Ottoman state, it amounted to an ad valorem import tax on slaves. Erdem, Hakan, Slavery in the Ottoman Empire and Its Demise, 1800–1909 (London: Palgrave Macmillan, 1996), xiiiCrossRefGoogle Scholar.
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19 See BOA, A.MKT.MHM 168/33, 1276.Ra.23 (20 Oct. 1859), for an official correspondence that points out to the governors of Silistra and Varna that a Bzhedug tribe consisting of forty-four households and 365 individuals was not to be mixed with the Tatars when settled in Dobruca (Dobrich). For orders to combine and separate groups by their declared tribal affiliations, also see A.MKT.UM 400/96, 1276.Ş.24 (17 Mar. 1860); and A.MKT.UM 405/51, 1276.L.24 (15 May 1960). Also see David Cuthell, “The Muhacirin Komisyonu,” 172. Cuthell specifies the Russo-Caucasian war under Shamyl's leadership as the last (and possibly only) “meaningful organized resistance” among the Caucasians; “Circassian Sürgün,” 145. However, there was also anxiety about Caucasian immigrants becoming a unified group; see, for instance, BOA, A.MKT 17/14 1260.N.25 (8 Oct. 1844), for a note written by the Grand Vizier to the governor of Filibe (Plovdiv) cautioning him to keep a close eye on a Circassian prince named Safer and not let him travel outside of Edirne or communicate with other Circassians.
20 Note no. 2, Consul Dickson to Russell, Earl, in Papers Respecting the Settlement of the Circassian Emigrants in Turkey: Presented to the House of Commons by Command of Her Majesty, in Pursuance of Their Address Dated June 6, 1864 (London: Harrison & Sons, 1864)Google Scholar.
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26 Zelkina, Anna, In Quest for God and Freedom: Sufi Responses to the Russian Advance in the North Caucasus (New York: New York University Press, 2000), 40–41 Google Scholar.
27 For a contemporary account, see Golovin, Ivan, The Caucasus (London: Trübner & Co., 1854), 165Google Scholar. Inozemtseva, Elena, “On the History of Slave-Trade in Dagestan,” in Iran & the Caucasus 10, 2 (2006): 181–89, 186CrossRefGoogle Scholar. Kanly, which literally means “bloody” or “bloodstained” in Turkish, is a term used to describe those who killed a person and thus owed either his life or a corresponding blood money to the victim's relatives; Kurtynova-D'Herlugnan, Liubov, The Tsar's Abolitionists: The Slave Trade in the Caucasus and Its Suppression (Leiden: Brill, 2010), 14CrossRefGoogle Scholar.
28 Inozemtseva, “On the History of Slave-Trade,” 185; İbrahim Köremezli, “The Place of the Ottoman Empire in the Russo-Circassian War (1830–1864)” (MA thesis, Bilkent University, 2004), 41–42.
29 Manning, Paul, “Just Like England: On the Liberal Institutions of the Circassians,” Comparative Studies in Society and History 51, 3 (2009): 590–618, 591CrossRefGoogle Scholar.
30 Köremezli, “Place of the Ottoman Empire,” 7.
31 BOA, ŞD 2872/30, 1289.Ra.7 (15 May 1872).
32 See, for instance, BOA, MVL 620/84, 1278.B.20 (21 Jan. 1862), for a case of a man murdering his brother, both of them recent immigrant-refugees from the Caucasus, whose interrogation was conducted by the help of an interpreter. Also see Ömer Karakaş, “19. Yüzyılda Anadolu'da Çerkes Göçmenlerinin İskânları Sırasında Karşılaştıkları Sorunlar: Uzunyayla Örneği,” Karadeniz Araştırmaları 36 (Kış 2013), 88–89.
33 BOA, A.MKT.MHM 176/37, 1276.B.09 (1 Feb. 1860).
34 Cuthell, “Circassian Sürgün,” 146.
35 BOA, A.MKT.DV 181/59, 1277.B.19 (31 Jan. 1861).
36 Ibid.
37 BOA, ŞD 2872/30, 1289.Ra.7 (15 May 1872). Private ownership and property rights particularly of land, as opposed to usufruct rights, were a nineteenth-century development that culminated in the Ottoman Land Reform of 1858. Mikhail, Alan, “Unleashing the Beast: Animals, Energy, and the Economy of Labor in Ottoman Egypt,” American Historical Review 118, 2 (2013): 317–48, 341CrossRefGoogle Scholar. For a comprehensive treatment of property ownership in Egypt, see Cuno, Kenneth M., The Pasha's Peasants: Land, Society, and Economy in Lower Egypt, 1740–1858 (Cambridge: Cambridge University Press, 1992)Google Scholar. On the Ottoman Land Code of 1858 specifically, see Islamoglu, Huri, “Property as a Contested Domain: A Reevaluation of the Ottoman Land Code of 1858,” in Owen, Roger and Bunton, Martin P., eds., New Perspectives on Property and Land in the Middle East (Cambridge: Harvard University Press, 2011)Google Scholar. The enslaved refugees’ efforts to push for a new definition of ownership must be understood within this larger framework of changing notions of property ownership.
38 Ehud R. Toledano insightfully explored how running away or absconding were strategized and employed by enslaved men and women: As if Silent and Absent: Bonds of Enslavement in the Islamic Middle East (New Haven: Yale University Press, 2007), 60–107 Google Scholar. Here I am building on Toledano's observations, but I am more concerned with how slave flights were translated into legal categories vis-à-vis citizenship rights. As Toledano also argues, most Caucasian enslaved refugees were considered serfs in their native lands and became slaves only after they entered the Ottoman Empire, because that was the only legal category available for them (ibid., 95). However, this was not an automatic process but took shape as the enslaved and slaveholding refugees and the Ottoman state interacted in different capacities in the aftermath of the Caucasian expulsion.
39 BOA, A.MKT.MHM 176/75, 1276.B.11 (3 Feb. 1860).
40 BOA, MVL 991/62, 1281.M.13 (18 June 1864). Toledano has argued that the established Caucasian customs strongly favored maintaining the unity of slave families and it was the “hardships of emigration [which] eroded the old and established customs”; The Ottoman Slave Trade and Its Suppression, 1840–1890 (Princeton: Princeton University Press, 1982), 160Google Scholar; and As if Silent, 98. While the difficulties encountered during the expulsion and settlement process shifted the ethical boundaries between the slave owners and traders, petitions the enslaved wrote indicate that it was already the slaveholding elite's prerogative to sell their slaves at will. For a comprehensive discussion on this particular point, see Kurtynova-D'Herlugnan, Tsar's Abolitionists, 1–36.
41 The sale of the family was reportedly annulled, as is clarified in an official notice sent by the Supreme Council to the Grand Vizier; BOA, MVL 996/26, 1281.S.21 (26 Jul. 1864).
42 For a brief note on the extension of the age limit to all Caucasian tribes, see BOA, MVL 991/39, 1280.Z.29 (5 Jun. 1864). Written by the Supreme Council, to the governor of Varna, it states that the legality of the sale of tribe members was conditional on following the age limitations it had previously determined.
43 BOA, A.DVN 156/50, 1277.Ra.03 (19 Sep. 1860). Armed clashes between the slave owning classes and slaves did occur, especially in the aftermath of the 1908 revolution, when Caucasian slaves claimed full citizenship in the new constitutional order, and the government gave both the slaves and slave owners a confusing message by drafting enslaved men into the army. Gûâze 1, 9 (19 Mayıs 1327, 1 June 1911): 5.
44 Toledano, Ottoman Slave Trade, 162–63.
45 BOA, MVL 698/20, 1281.L.13, (11 Mar. 1865).
46 For examples of these settlement registers, see BOA, A.DVN 147/43, 1276.R.4 (31 Oct. 1859); A.DVN 147/27 1276.R.4 (31 Oct. 1859); DH.MHC 1/60, 1277 (1860–1861); Taksim Atatürk Kütüphanesi, Belediye Yazmaları, BEL_Yz_B.000059, 1294 (1877–1878). Entries in the register are broken down by family size, and each begins with a brief visual description of the family head (particularly his height and the shape and color of his beard), and his name and age, followed by information on the other family members, starting with the wives and ending with the slaves the family owned.
47 BOA, A.DVN 146/11, 1276.S.14 (12 Sep. 1859).
48 BOA, A.MKT.MHM 332/32, 1281.Z.21 (17 May 1865). Also see MVL 529/110, 1283.Z.29 (4 May 1867), in which twenty-six individuals were enslaved, reportedly in return for the simple promise of protection.
49 Toledano, Ottoman Slave Trade, 150–51.
50 See, for example, DH.MKT 2891/97, 1327.B.17 (4 Aug. 1909). See also Karamursel, “Uncertainties of Freedom,” 146.
51 Toledano, Ottoman Slave Trade, 168; Slavery and Abolition, 33.
52 Burbank, Jane, “An Imperial Rights Regime: Law and Citizenship in the Russian Empire,” Kritika: Explorations in Russian and Eurasian History 7, 3 (2006): 397–431, 401CrossRefGoogle Scholar.
53 Grattan Geary, Letters to the Editor, Times of India, 25 July 1878: 4.
54 We know that the Ottoman government already favored Circassian elites in some contexts. See, for instance, a petition by Şahin Giray Bey of the Zodoh tribe, in which he asked to be granted a military rank equivalent to that he had held with the Russian state before he came to the Ottoman Empire. The Ministry of War approved his request. BOA, A.MKT.MHM 177/29, 1276.B.21 (13 Feb. 1860). Similarly, Kasbolat Bey, the chieftain of the Altıkesek tribe, petitioned to the office of the Grand Vizier for an “appropriate” salary, and asked that if that was impossible then he be given an administrative position at a government institution. This request, too, was deemed appropriate by the Muhacirin Komisyonu. BOA, MVL 434/79, 1280.Ş.03 (13 Jan. 1864). For an elaborate discussion of the Ottoman policies of coopting Caucasian and Crimean elites, see Cuthell, “The Muhacirin Komisyonu,” 130–39. Cuthell argues that both the Muhacirin Komisyonu and the government it represented “recognized and promoted continuity in the social structure common to both Crimean and Ottoman societies,” 133.
55 For a discussion of this particular point, see Makdisi, Ussama, The Culture of Sectarianism: Community, History, and Violence in Nineteenth-Century Ottoman Lebanon (Berkeley: University of California Press, 2000)Google Scholar, Introduction.
56 Taussig, Michael, Law in a Lawless Land: Diary of a Limpieza in Colombia (Chicago: University of Chicago Press, 2005), 16Google Scholar.
57 Faroqhi, Suraiya, “Quis Custodiet Custodes? Controlling Slave Identities and Slave Traders in Seventeenth- and Eighteenth-Century Istanbul,” in Stories of Ottoman Men and Women: Establishing Status, Establishing Control (Istanbul: Eren Yayıncılık, 2002), 252Google Scholar.
58 Ibid. This point constitutes the core argument of Madeline Zilfi's Women and Slavery in the Late Ottoman Empire: The Design of Difference (Cambridge: Cambridge University Press, 2010)Google Scholar.
59 Zilfi, Women and Slavery, 87.
60 BOA, MVL 964/64, 1280.M.18 (5 Jul. 1863).
61 Toledano, Ottoman Slave Trade, 164–65.
62 Ibid.
63 The initial land distribution among Circassian immigrant-refugees was reportedly not based on exceptions or princely prerogatives, and was carried out in accordance with household divisions. But since the slave families were attached to their owners’ households, and the land titles were registered with the owners’ names, the slaves could not legally claim ownership of the land. See BOA, ŞD 2396/18, 1289.Ra.8 (16 May 1872), 8.
64 Toledano, Ottoman Slave Trade, 165–66.
65 Ibid., 166.
66 That the courts favored slaveholders over slaves has been noted by Toledano in As if Silent and Absent, 95–96. Burak has argued that the “locality” of such legal practices or posts were indicative of local power relations; Second Formation, 54. Boğaç Ergene further demonstrated that several legal and administrative ranks of these courts were made up of local notables, many of whom carried “military and religious titles”; Local Court, Provincial Society and Justice in the Ottoman Empire: Legal Practice and Dispute Resolution in Çankırı and Kastamonu (1652–1744) (Leiden: Brill, 2003), 29Google Scholar.
67 For an excellent analysis of how Ottoman slavery was put into use to enforce imperial hierarchies in the nineteenth-century Mediterranean, see Frank, Alison, “The Children of the Desert and the Laws of the Sea: Austria, Great Britain, the Ottoman Empire, and the Mediterranean Slave Trade in the Nineteenth Century,” American Historical Review 117, 2 (2012): 414–15CrossRefGoogle Scholar; The British pressures to abolish Ottoman slavery, which Eve Troutt Powell called “invasive abolitionism,” has been extensively discussed by historians of Ottoman and Middle Eastern slavery. See Powell's A Different Shade of Colonialism: Egypt, Great Britain, and the Mastery of the Sudan (Berkeley: University of California Press, 2003), 136–41Google Scholar; Erdem, Slavery in the Ottoman Empire, 67–93; Toledano, Slavery and Abolition, 112–34.
68 Erdem, Slavery in the Ottoman Empire, 113–14; Toledano, Slavery and Abolition, 113.
69 Holt, Thomas C., “The Essence of the Contract: The Articulation of Race, Gender, and Political Economy in British Emancipation Policy, 1838–1866,” in Cooper, Frederick, Holt, Thomas C., and Scott, Rebecca J., Beyond Slavery: Explorations of Race, Labor, and Citizenship in Postemancipation Societies (Chapel Hill: University of North Carolina Press, 2000), 37–38 Google Scholar.
70 Pitts, Jennifer, A Turn to Empire: The Rise of Imperial Liberalism in Britain and France (Princeton: Princeton University Press, 2005), 2–3 CrossRefGoogle Scholar. Also see Pitts’ article “Liberalism and Empire in a Nineteenth-Century Algerian Mirror,” Modern Intellectual History 6, 2 (2009): 287–313 CrossRefGoogle Scholar.
71 Sartori, Andrew, Liberalism in Empire: An Alternative History (Berkeley: University of California Press, 2014), 4Google Scholar.
72 Joyce, Patrick, The Rule of Freedom: Liberalism and the Modern City (London: Verso, 2003), 1–2 Google Scholar. A large literature examines the ways in which liberalism encountered the world. In addition to the studies by Holt, Pitt, and Sartori cited above, see, Metcalf, Thomas R., Ideologies of the Raj (Cambridge: Cambridge University Press, 1995)CrossRefGoogle Scholar; Mehta, Uday S., Liberalism and Empire: A Study in Nineteenth-Century British Liberal Thought (Chicago: University of Chicago Press, 1999)Google Scholar; and Bayly, C. A., Recovering Liberties: Indian Thought in the Age of Liberalism and Empire (Cambridge: Cambridge University Press, 2012)Google Scholar. Although such Tanzimat-era intellectuals as Şinasi and Namık Kemal—two prominent figures in the Young Ottoman movement that culminated in the promulgation of the Constitution proper in 1876—are known to be have been immersed in liberal thought, I know of no systematic study of liberalism as a mode of rule in the Ottoman Empire. The existing literature, moreover, continues to divide the global nineteenth century into binary liberal and illiberal polities—that of the Muslim East and the Christian West—and criticizes “missionaries of liberalism” who tried to “convert Muslims and Islam to Western liberalism and its value system as the only just and sane system to which the entire planet must be converted”; Massad, Joseph A., Islam in Liberalism (Chicago: University of Chicago Press, 2015), 3Google ScholarPubMed. These neat divisions obscure the “internal inconsistencies” of liberalism and disregard other, more complex challenges to it.
73 BOA, A.MKT.MVL 140/4, B.23.1278 (24 Jan. 1862).
74 See İkdam, 17 Teşrinisani 1324, for an example of the announcement note.
75 BOA, ŞD 2786/29, 1327.N.14, 29 (29 Sep. 1909), 66; Karamursel, “Uncertainties of Freedom,” 146.
76 BOA, ŞD 2786/29, 1327.N.14, 29 (29 Sep. 1909), 66.
77 Toledano, Ehud R., “Abolition and Anti-Slavery in the Ottoman Empire: A Case to Answer?” in Mulligan, William and Bric, Maurice, eds., A Global History of Anti-Slavery Politics in the Nineteenth Century (London: Palgrave Macmillan, 2013), 120Google Scholar.
78 Ibid., 118.
79 Karamursel, “Uncertainties of Freedom,” 150–51.
80 BOA, ŞD 2872/30, 1289.Ra.7 (15 May 1872). The Council of State branched off from the Supreme Council of Judicial Ordinances in 1868, and was a consultative assembly to which were brought complex legal matters that could not be resolved or referred to through law.
81 BOA, ŞD 2396/18, 1289.Ra. 8 (16 May 1872), 21.
82 This expression was used by the National Magazine in the context of two Caucasian beys, Hadji Hayden Hassan and Kustan Ogli Islam, when they petitioned Foreign Secretary Earl Russel during a visit to England in 1863. Here I borrow it to highlight the rhetorical character of such broad claims. “Our Dominions in India,” National Magazine (Jan. 1863): 13, 75, 97–99 Google Scholar.
83 BOA, ŞD 2396/18, 1289.Ra.8 (16 May 1872), 19/1.
84 Ibid., 19/2.
85 Ibid., 21.
86 Ibid., 9.
87 Both Ehud Toledano (Slavery and Abolition, 96–97) and Hakan Erdem (Slavery in the Ottoman Empire, 118) mention a similar, 1867 decision by the Council of Ministers.
88 Erdem, Slavery in the Ottoman Empire, 16.
89 Agamben, Giorgio, State of Exception (Chicago: University of Chicago Press, 2005), 20CrossRefGoogle Scholar.
90 Erdem, Slavery in the Ottoman Empire, 120.
91 It is important to note that even though women were central to the claims to freedom in many slave petitions, women's experience of slavery and freedom remained different from that of male slaves. Women and children, whose flow, especially toward Istanbul, continued for at least another four decades, developed other sorts of relationships both with their owners and with slavery as a practice. For a gender-focused discussion of emancipation, see Ceyda Karamursel, “‘In the Age of Freedom, In the Name of Justice’: Slaves, Slaveholders, and the State in the Late Ottoman Empire and Early Turkish Republic, 1857–1933,” (PhD diss., University of Pennsylvania, 2015), ch. 3, “Slaver-Mistresses, Matchmakers, and Destitute Women”; and Karamursel, “Uncertainties of Freedom.” For a note on the vulnerabilities of Caucasian women who managed to obtain their freedom in the aftermath of the Caucasian expulsion, see BOA, ŞD 2395/3, 1288.B.15 (30 Sep. 1871).
92 BOA, A.MKT.MHM 461/26, 1290.C.16 (11 Aug. 1873).
93 Erdem, Slavery in the Ottoman Empire, 119.
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