Armenian National Constitution

Front matter

APPENDIX 1

NATIONAL CONSTITUTION OF THE ARMENIANS IN THE TURKISH EMPIRE

PRELIMINARIES

Introduction

The privileges granted by the Ottoman Empire to its non-Mohammedan subjects are in their principles equal for all, but the mode of their execution varies according to the requirements of the particular customs of each nationality.

The Armenian Patriarch is the head of his nation, and in particular circumstances the medium of the execution of the orders of the Government. There is, however, in the Patriarchate a Religious Assembly for religious affairs and a Political Assembly for political affairs. In case of necessity these two Assemblies unite and form the Mixed Assembly. Both the Patriarch and the members of these Assemblies are elected in a General Assembly composed of honourable men of the nation.

As the office and duties of the above Assemblies and the mode of their formation are not defined by sufficient rules, and for this reason different inconveniences and special difficulties in the formation of the General Assembly have been noticed,

As each community is bound according to the new Imperial Edict (Hatti Humayun, 6/18 Feb. 1856) to examine within a given time its rights and privileges, and after due deliberation to present to the Sublime Porte the reforms required by the present state of things and the progress of civilisation of our times,

As it is necessary to harmonise the authority and power granted to the religious chief of each nationality with the new condition and system secured to each community,

A Committee of some honourable persons of the nation was organised, which Committee prepared for the nation the following Constitution.

ARMENIAN NATIONAL CONSTITUTION

Fundamental Principles

1. Each individual has obligations towards the nation. The nation, in its turn, has obligations towards each individual. Again, each individual and the nation have their respective rights over one another.

Hence the nation and its constituents are bound together by mutual duties, so that the duty of the one is the right of the other.

2. It is the duty of each member of the nation to share according to his means in the expenses of the nation, willingly to accept any services asked of him by the nation, and to submit to its decision.

These duties of the individual are the rights of the nation.

3. The duties of the nation are to care for the moral, intellectual, and material wants of its members, to preserve intact the creed and traditions of the Armenian Church, to diffuse equally the knowledge necessary to all men among the children of both sexes and of all classes, to watch over the prosperity of national institutions, to increase the national income in any possible lawful way and wisely to administer the national expenses, to improve the condition of those who have devoted themselves for life to the service of the nation and to secure their future, to provide for the needy, peaceably to adjust the disputes that may arise among the members of the nation—in a word, to labour with self-denial for the progress of the nation.

These obligations on the part of the nation are the rights of its members.

4. The authority which is appointed to represent the nation and to supervise and administer the regular performance of these mutual obligations is called the National Administration. To this body is committed, by especial permission of the Ottoman Government and by virtue of the Constitution, the care of the internal affairs of the Armenians of Turkey.

5. In order that the Administration may be national it should be representative.

6. The foundation of this Representative Administration is the principle of rights and duties, which is the principle of justice. Its strength is to be found in the plurality of voices, which is the principle of legality.

Chapter I The Central National Administration

I. The Patriarch of Constantinople

His Election and Resignation

Article 1.—The Patriarch of Constantinople is the President of all the National Assemblies and the representative of their executive authority, and in particular circumstances he is the medium of the execution of the orders of the Ottoman Government.

Hence the person to be elected as Patriarch should be a man worthy of the confidence and respect of the whole nation, and he should possess all the qualifications and dignity required by his position. He should belong to that class of bishops who have always been considered as candidates for the office. At the same time he should be worthy of the perfect confidence of the Government, an Ottoman subject beginning at least with his father and above thirty-five years of age.

Article 2.—In case of vacancy of the Patriarchal Throne, in consequence of the death or resignation of the Patriarch, or from any other cause, the Political and Religious Assemblies meet and elect a Representative (locum tenens), and request the Sublime Porte to confirm their choice.

The General Assembly elects the Patriarch, but the Religious and Political Assemblies have the right by a list of candidates to express their opinion in regard to the merits of the candidates.

The election of the Patriarch will take place in the following manner:—In the first place the Representative (locum tenens) prepares a list of all the bishops within Ottoman territory, indicating opposite each name their qualifications in the sense of the first article, and presents it to the Religious Assembly.

The Religious Assembly convokes a general meeting of ecclesiastics and prepares a list of candidates by secret ballot—that is, each member present writes on a slip of paper the names of all the bishops that he does not consider unfit from a religious point of view. A list of these names is prepared in the order of the number of votes received by each.

The Representative presents this list to the Political Assembly. This Assembly, after an investigation into the political merits of the persons indicated, elects by a majority of votes five candidates and presents this list to the General Assembly.

At the same time the first list prepared by the General Religious Assembly should be hung in the hall of the General Assembly. The General Assembly, after learning from these two lists the opinions of the competent Assemblies concerning the religious and political qualifications of the candidates, elects the Patriarch by secret ballot and by a majority of the votes.

The General Assembly may give its votes to a person outside the list presented by the Political Assembly, but the name of that person must have been indicated in the list prepared by the General Assembly of the ecclesiastics. No one can be elected whose name is not on that list.

If no majority of votes be obtained on the first ballot, the names of those two who have received the largest number of votes are announced by the Representative to the General Assembly, and the second ballot should be on those two names. For this second ballot those of the national deputies who cannot be present may forward their votes in a sealed and signed letter addressed to the Assembly, or to the Representative, or to the Chairman of the General Assembly.

The counting of votes is done by the officers of the General Assembly in the presence of four ecclesiastical and four lay members of the Assembly who act as inspectors.

In case after a second ballot the two candidates receive the same number of votes, then one of them is elected by lot.

Article 3.—After the election a report is prepared, signed by all those present, and it is presented to the Sublime Porte by the Representative, and the election of the Patriarch is confirmed according to the ancient custom by an Imperial edict.

Article 4.—The General Assembly sends a written invitation to the person elected as Patriarch if he be present in the capital, or a special delegate if he be out of Constantinople. On receiving this invitation the newly-elected Patriarch comes to the Patriarchate, and in the Cathedral, in the presence of the General Assembly, takes a solemn oath in the following words: “Before God and in the presence of this National Assembly I publicly vow to remain faithful to the Government and to my nation, and faithfully to see to the maintenance of the National Constitution.” Herewith the office of the Representative comes to an end. Upon the invitation of the Sublime Porte the new Patriarch is admitted to the presence of His Majesty the Sultan, his office is formally confirmed, and he visits the Sublime Porte to announce it.

Article 5.—Should the Patriarch act contrary to the rules of the Constitution he is liable to impeachment.

Article 6.—Only the General Assembly and the Political and Religious Assemblies have the right to bring a charge against the Patriarch.

The accusing or protesting Assembly, with the permission of the Sublime Porte, asks the Patriarch to convoke the General Assembly.

Should the Patriarch refuse to do so, this fact again is reported to the Sublime Porte, which then issues a permit for the General Assembly to hold a sitting under the Presidency of the oldest bishop in Constantinople.

The General Assembly chooses five of its ecclesiastical and five lay members to constitute a Committee of ten, among whom, however, there shall be none of those who have accused or protested. This Committee, after investigating the charges, gives a report to the General Assembly which decides the question by a secret vote. The documents containing this decision should be signed by all who have voted in favour of this decision. If the resignation of the Patriarch be thus decided upon, the two Chairmen of the two Assemblies, accompanied by the presiding bishop, wait upon the Patriarch and present to him this document. The Patriarch on learning the will of the nation is bound to resign. If, however, he do not agree to resign, the matter is reported to the Sublime Porte, which deposes the Patriarch.

Article 7.—The ex-Patriarch after his abdication becomes like one of the diocesan bishops, and the necessary steps will be taken for him by the Mixed Assembly.

Office and Obligations

Article 8.—The duties of the Patriarch are to act according to the principles of the Constitution and to watch diligently over the exact execution of all its points.

The Patriarch refers all business that comes before him to the Assembly to which it belongs for investigation and decision. The takrirs and other official papers of the Patriarch cannot be valid and admissible if they be not also sealed and signed by the Assembly that has given the decision. If there be any urgent business for the consideration of which it might be impossible to await the day of the meeting of the Assembly, or even to convoke an extraordinary meeting, the Patriarch may do what is necessary, taking the responsibility upon himself. But he is bound to make a due record of what he may have done, and to present it for confirmation in its next meeting to the Assembly under the jurisdiction of which the case may come.

Article 9—The Patriarch before signing any papers containing the decisions of the General Assembly taken in his absence may make his observations concerning them and submit the case to a second consideration, but after this revision he is bound to sign those papers if he does not find there anything contrary to the requirements of the Constitution.

Article 10.—The Patriarch may propose to the competent Assembly or Council the dismissal of any ecclesiastic, teacher, agent of a church, monastery, school, or hospital who has not acted in accordance with the principles of the Constitution.

Article 11.—The Patriarch himself has no right to dissolve and change the Religious and Political Assemblies and the Councils belonging to them, but, if he notice in any of them conduct contrary to the Constitu- tion, first he demands an explanation of the Chairman of the Assembly or the Council. The second time he warns him, but the third time he applies to the General Assembly if the accused be one of the National Assemblies, or to the Political Assembly if he be one of the Councils, and, giving his reasons, he proposes the dissolution of the accused Council or Assembly.

Article 12.—The Patriarch having a salary appointed to him from the National Treasury provides himself for the internal expenses of the Patriarchate.

II. The Bureau of the Patriarchate

Article 13.—There will be a Bureau at the Patriarchate for all necessary national documents. This bureau will be divided into three departments:—

| I. | The department of correspondence, for the documents sent by the Patriarchate and for those received there.

| II. | The department of registration, to arrange the papers belonging to the National Assemblies and Councils.

| III. | The department of census, to record births, marriages, and deaths. From the last department are issued the papers needed for travelling or other personal transactions: also certificates for births, marriages, and deaths.

Article 14.—The Patriarchal Bureau will have a chief who is responsible for all its transactions. The Political Assembly elects him and the Patriarch nominates him. This chief is also the Secretary of the General Assembly.

It is his duty to see that every year he be supplied with copies of the records of births and deaths both in Constantinople and in the provinces, which records he shall have inscribed in the books of the general census of the Patriarchal Bureau. He should be well versed in the Armenian language, and practised in the French and Turkish languages.

Article 15.—This Bureau will have a sufficient number of Secretaries. These Secretaries also must be well acquainted with the Armenian language, and every one must possess all the necessary qualifications for his position. Each Secretary is responsible in his department to the Assembly or Council to which he belongs. All of them are responsible to the Chief of the Bureau.

Article 16.—All papers issued at the office of the census must be confirmed by the Patriarchal seal and by the signature of the Chief of the Bureau.

III. The Patriarch of Jerusalem

Article 17.—The Patriarch of Jerusalem occupies for life the Chair of St. James. He is at the same time the manager of all the holy places belonging to the Armenians in Jerusalem, and the President of the brotherhood of the Monastery of St. James.

It is his duty to act in accordance with the regulations of the Monastery of Jerusalem, and to watch over the faithful execution of those regulations.

Article 18.—In case the Patriarch of Jerusalem act contrary to the regulations of his Monastery he will be liable to have a charge brought against him.

Article 19.—A charge can be brought against the Patriarch either by the brotherhood of the Monastery, or by the Religious and Political Assemblies of Constantinople.

In such a case the General Assembly is convoked, and, if after an investigation the charge should appear well founded, the General Assembly, in accordance with the sixth article concerning the Patriarch of Constantinople, will act as the case requires either by sending an admonition to the Patriarch, or by compelling him to abandon his office, when his office will be given over to a Representative whom the General Assembly shall elect from amongst the brotherhood by a secret vote.

Article 20.—In case of the death of the Patriarch of Jerusalem, the brotherhood elects one of its members as Representative, and he is confirmed by the National Assemblies.

Article 21.—The Patriarch of Jerusalem is elected by the National Assemblies of Constantinople, but the brotherhood has the right to express its opinion in regard to the merits of candidates. Immediately after the death of the Patriarch, the Representative convokes a general meeting of the brotherhood. This meeting prepares a list of names, just as this is done by the General Religious Assembly of Constantinople for the election of the Patriarch of Constantinople, but the list prepared by the brotherhood should contain at least seven names. This list is signed by the brotherhood and sent to the Patriarchate of Constantinople.

Article 22.—The person to be elected as Patriarch of Jerusalem should be at least thirty-five years of age, born an Ottoman subject, and a bishop or doctor (vardapet) belonging to the brotherhood, and not separated from it. Persons who, by the consent of the Patriarch of Jerusalem, have been employed by the Assemblies of Constantinople in some national office are not to be considered as having been separated from the brotherhood.

Article 23.—The Mixed Assembly, composed of the Religious and Poltical Assemblies, examines the merits of the persons indicated in the above-mentioned list, and, choosing three candidates, presents their names to the General Assembly. The list sent by the brotherhood should be kept hung in the hall of the General Assembly.

Taking into consideration the opinions expressed both by the brotherhood and by the two National Assemblies, the General Assembly elects by secret vote, and by the majority of votes, the one whom it regards as the worthiest in respect of learning as well as of good character.

In the General Assembly no votes should be given for any person whose name is not indicated in the list presented by the brotherhood.

IV. National Religious Assembly

Article 24.—The Religious Assembly consists of fourteen worthy ecclesiastics, who should be at least thirty years old and ordained at least five years ago.

Article 25.—The General Religious Assembly by a secret vote elects three times the number of the members of the National Assembly, and signs this list and presents it to the National General Assembly.

The General Assembly by a secret vote elects out of this list the members of the Religious Assembly. The report is presented by the Patriarch to the Sublime Porte, and the members of the Religious Assembly thus elected are confirmed by Imperial edict.

Article 26.—The Religious Assembly is dissolved in a body once in two years, at the end of April, and is re-elected in the beginning of May. The members of this Assembly cannot be re-elected immediately, but only after the lapse of two years.

Article 27.—When there are as many as three members of this Assembly wanting, either in consequence of resignation or from some other cause, others are elected by the General Assembly to take their places, but until this election shall have taken place, the majority of the whole number is to rule.

Article 28.—The Religious Assembly undertakes the general inspection of all the religious affairs of the nation. Its duties are to develop in the nation the religious sentiment, to preserve intact the profession and traditions of the Armenian Church, to promote the good order of churches and ecclesiastics, and to try to improve the present condition of ecclesiastics, and to secure the welfare of their future. It should visit from time to time the national schools and supervise the teaching of the Christian doctrines, in order to educate worthy and active doctors (vardapets) and priests, and when investigating any religious disputes that may arise in the nation, it should decide them according to the laws of the Church.

Article 29.—When the Religious Assembly cannot itself decide a purely religious question, it convokes all the bishops in Constantinople, the preachers of all the churches, the head priests, and if necessary the Metropolitans of the dioceses in the vicinity, to a General Religious Assembly. Should this General Assembly consider the question beyond its jurisdiction, then the question is referred to the Œcumenical Katholikos (at Edgmiatsin).

Article 30.—All kinds of reports of the Religious Assembly should always be signed by the majority of its members.

Article 31.—The authorisation for ordaining vardapets, whether in Constantinople or in the provinces, is given by the National Religious Assembly. The authorisation for ordaining priests in Constantinople is also given by the same Religious Assembly, and in the provinces by the local Religious Assemblies.

Article 32.—No authorisation for ordaining a new priest is granted until the priests of the church and the Council of the quarter send a written application urging the necessity of such authorisation.

Article 33.—The Religious Assembly elects the preachers (vardapets) for the churches in Constantinople as well as their head priests, and the Patriarch nominates them.

Article 34.—All elections in the Religious Assembly are by secret ballot.

Article 35.—The Religious Assembly should prepare a set of rules with the object of improving the present condition of ecclesiastics, and of securing their future welfare, so that they may perform gratuitously their spiritual affairs.

V. The Political Assembly

Article 36.—The Political Assembly consists of twenty laymen well acquainted with the national affairs and with the laws of the Government.

Article 37.—The members of the Political Assembly are elected by the General Assembly by secret ballot and by a majority of votes, and, the report having been presented to the Sublime Porte by the Patriarch, they are confirmed in their office by an Imperial edict.

Article 38.—The Political Assembly is dissolved once in two years, at the end of April, and the re-election takes place in the beginning of May. The members of this Assembly may be re-elected after the lapse of two years, and, though for the first two years they cannot be candidates for the Political Assembly, still they may be employed in any other national office.

Article 39.—If any member of the Political Assembly shall have been absent from the sittings three times successively without sending a written explanation, a letter is sent to him by the Chairman of the Assembly asking for an explanation of his absence. If no answer be received he is notified by a second letter that in case of his absence at the next sitting he will be considered as having resigned.

Article 40.—When there are as many as three members wanting in the Political Assembly either in consequence of resignation or from some other cause, others are elected by the General Assembly to take their places, but until this election shall have taken place the majority of the whole number is to rule.

Article 41.—The Political Assembly undertakes the general superintendence of the political affairs of the nation. Its duties are to promote the good order and progress of the nation, to examine carefully any useful projects presented to its consideration by the Councils under its inspection and to facilitate their execution.

Article 42.—The Political Assembly refers the questions presented for its consideration to the Councils to which they belong, and it is only after having heard the opinion of those Councils that it can take action. And though it has the right to refuse for good reasons the decision taken by any of these Councils, yet it cannot by itself make a different arrangement in regard to the case in question, but it should once more refer it to the same Council. Neither can the Political Assembly change or dissolve any of the National Councils so long as they do not act contrary to the fundamental principles of the Constitution. But in case of a default of this kind the Assembly demands in the first instance an explanation from the Chairman of the Council in question. The second time it sends a written warning, and on the third occasion it may change the members of the Council, provided always that it shall explain in its biennial report to the General Assembly its reasons for so doing.

Article 43.—Should the Political Assembly consider the solution of any question presented to its consideration beyond its jurisdiction, it refers such question to the General Assembly.

VI. Councils and Committees Organised by the Political Assembly

Article 44.—The Political Assembly should organise four Councils for educational, economical, and judicial affairs, and for the inspection of monasteries, and three Committees for financial administration. The term of office of the members of these Councils and Committees is two years, but half of their numbers must be changed at the end of each year.

The President of the Judicial Council is the vicar of the Patriarch of Constantinople.

1. The Educational Council

Article 45.—The Educational Council consists of seven well-educated laymen. Its object is the general inspection of the education of the nation. Its duties are to promote good order in the national schools, to help the Societies that have for their object the promotion of the education of both sexes, to improve the condition of teachers and to care for their future, to raise well-qualified teachers and to encourage the preparation of good text-books.

The Educational Council gives certificates to those students who have finished their course in a national school.

It selects the text-books and holds annual examinations.

But the supervision of the religious instruction belongs to the Religious Assembly, which Assembly selects the text-books for religious learning and the teachers, holds examinations and distributes certificates.

2. The Economical Council

Article 46.—This Council is to consist of seven well-qualified laymen whom the Political Assembly elects by a plurality of votes.

It is to this Council that belongs the general inspection of the financial administration of all national institutions in Constantinople and their properties. It is its duty to watch over the interests of these institutions.

It is its duty to see that each national estate is provided with the proper title-deed. Copies of the title-deeds of all national real estates in the provinces should be kept in the Bureau of the Patriarchate.

No selling or buying of national property is allowed without the knowledge of this Council and without the consent of the Political Assembly and the confirmation of such consent by the seal of the Patriarch.

In Constantinople and in its vicinity no national building can be constructed or repaired without the knowledge of this Council and without the consent of the Political Assembly.

It is also the duty of this Council to inspect the financial administration of the Committees on finances, on wills, and on the Hospital, and to examine at certain times the books of the Councils of different quarters, and present a report to the Political Assembly.

Two months before the beginning of a new year it should ascertain from the Committee on finances the incomes and expenses for the coming year, prepare a budget, and present it to the Political Assembly.

3. The Judicial Council

Article 47.—The Judicial Council is composed of eight persons versed in law, married, and at least forty years of age, four of whom should be ecclesiastics, and the other four laymen.

The vicar of the Patriarch is the President of the Judicial Council, and all the members are elected by the Mixed Assembly by the plurality of votes. The function of this Council is to settle family disputes, and to examine and decide any questions referred to it for solution by the Sublime Porte.

In case the Judicial Council should consider any question beyond its capacity, then, according to the nature of the question, it recommends that it should be referred to the Political or to the Mixed Assembly. Should any person protest against the decision taken by this Council, the question is examined again by one of the above-mentioned Assemblies as the case may require.

4. Council for Monasteries

Article 48.—The monasteries are the property of the nation. Hence the supervision and control of their administration and the management of their finance belong to the nation.

Inasmuch as it is necessary for each monastery to have its own particular regulations, the Mixed Assembly, consisting of the Political and Religious Assemblies of the Central Administration, with due consideration of the opinions of the brotherhood of each monastery, and of the opinions of the Council for Monasteries, prepares a set of rules and presents it to the General Assembly for confirmation. The fundamental principles for such rules are:—

I. The special management of each monastery belongs to its brotherhood, but the right of the general superintendence of them all belongs to the Central Administration, of which the Council for Monasteries is the executive body.

II. The Abbot of each monastery is elected by its brotherhood, and is confirmed by the Patriarch with the consent of the Mixed Assembly of the Central Administration. The person to be elected Abbot should be over thirty years of age, a vardapet (doctor), and a subject of the Ottoman Empire.

III. All monasteries are obliged to promote the moral improvement of the nation. Hence each one, according to its capacity, should have a seminary, a library, a printing office, a hospital, and other similar useful establishments.

The Council for Monasteries is composed of seven persons elected by the Political Assembly by plurality of votes.

Its functions and duties are to superintend the execution of the rules of each monastery, to ascertain the revenues and the expenditure, and to arrange and regulate it all.

This Council elects from the brotherhood of each monastery the managers of the affairs of the monastery. These should perform their duties under the presidency of the Abbot and in accordance with the rules of the monastery, and at stated times should give an account of their doings to the Council for Monasteries.

5. The Committee on Finance

Article 49.—The Committee on finance consists of seven persons versed in financial affairs, who are elected by the Political Assembly by plurality of votes. Its function is the administration of the National Central Treasury.

The revenues of this Treasury are the general national taxes, the incomes of the Bureau of the Patriarchate of Constantinople, and the donations or wills to the nation without the specification of a place. Its expenditure consists of the usual expenses of the Patriarchate and its Bureau, the pecuniary aids granted to the national institutions under the immediate care of the Central Administration, and to needy quarters, and other casual expenses. The Committee collects the revenues and dispenses the expenditure with the knowledge of the Council for the general administration of finance and with the consent of the Political Assembly.

It is its duty to keep the accounts of the Treasury according to the strictest rules of book-keeping, and periodically to present the budget to the Council of the general administration of finance, which Council, after the necessary examination of it, communicates such budget to the Political Assembly.