CHAPTER THE TWELFTH.

CONSTITUTION OF SERVIA—SKOUPSCHINA—POWER OF THE PRINCE—TREATY OF PARIS—THE SENATE—SUCCESSION OF PROPERTY—LAW COURTS—THE ARMY—POLICY OF THE GREAT POWERS OF EUROPE.

It would be out of place here to attempt to give anything like a detailed account of the constitution and laws existing in Servia, or any history of their formation and growth; yet a few words on these subjects, for the purpose of conveying a general impression of the progress made in the civilisation and consolidation of the country, may not be unacceptable to the reader.

Immediately after the Servians had succeeded in liberating themselves from the Turkish rule, they set about forming political institutions for themselves. Among the earliest is the assembly called the Skoupschina. This body was originally composed of the Voivodes, or chieftains who had distinguished themselves in war, and their suites. The Skoupschina seems to have exercised, for a time, all the legislative and judicial, as well as the executive functions of the State. It is evident that such an institution could not, from its very nature, exist long ; accordingly, attempts were very soon made to constitute permanent forms of administration and regularly organized tribunals. The first effort to effect this improvement resulted in the institution of the Senate, which was composed of members sent from each of the provinces. Attention was next directed to the education of the people; schools were established under the care of the Senate throughout the country, with a high school or college at Belgrade ; and finally, courts of justice were established. But still the Skoupschina exercised the sovereign authority, until, as was naturally to be expected, disputes and jealousies arising in the assembly, the superior talent and power of one of the chiefs of which it was composed, gave him the supremacy; and at length Kara George assumed the position of chief of the nation. After his flight, some years afterwards, the country was again subjected to the rule of the Turks; but in 1817, Milosh Obrenovich, having once more raised the standard of liberty with perfect success, the Skoupschina assembled, and conferred on him the dignity of Prince. It is true that when the Porte agreed to ratify the authority of Milosh, the Sultan assumed to do so irrespective of the national will; but the Servians consider that, in default of heirs capable of succeeding the Prince, the right of electing his successor would rest with the Skoupschina ; this right indeed has been exercised on several occasions with the direct sanction of the Porte, as, for instance, in 1843, when Kara Georgevich was elected. This, probably, would now be the chief function of the Skoupschina, whose legislative powers have in a great measure passed to the Senate. Perhaps, indeed, even this power would no longer be exercised by the Skoupschina, but by the Senate, which would undoubtedly act independently of the Porte.

But though the power and influence of the Skoupschina has been greatly abridged by the transfer of its judicial functions to regularly appointed judges, and by the creation of the Senate or upper house of legislature, yet this assembly, which comprises the popular element in the Government of Servia, is still summoned from time to time for the purpose of making new laws, and especially in the case of any contemplated alteration of the taxes. Formerly the Skoupschina numbered six hundred members, but that being found too large a body for deliberation, the number was reduced to about two hundred. As, however, every thousand electors sends one member to the assembly, the number of the members necessarily varies according to the population of the country. The electors are the males of the country above the age of twenty-one years, paying direct taxes and not being a domestic servant or a gipsy. These two classes are excluded from the right of suffrage. very elector is eligible to become a member of the Skoupschina except the holders of government offices and the clergy. The Prince exercises the sovereign power, subject, however, to the suzerainty which belongs to the Porte, in conformity with the Hatticheriffs which have been granted by the Sultan. The present position of Servia as an independent nation is, moreover, secured by the Treaty of Paris, dated the 30th March, 1856. The twenty-eighth article of the Treaty is as follows:

“The Principality of Servia shall continue to hold of the Sublime Porte, in conformity with the Imperial Hats which fix and determine its rights and immunities, placed henceforward under the collective guarantee of the Contracting Powers.

In consequence, the said Principality shall preserve its independent and national administration, as well as full liberty of worship, of legislation, of commerce, and of navigation.”

And in order to control any further interference with the independence of the country on the part of either the Porte or any of the other neighbouring powers, the twenty-ninth article of the same Treaty continues thus:

“The right of garrison of the Sublime Porte, as stipulated by anterior regulations, is maintained. No armed intervention can take place in Servia without previous agreement between the High Contracting Powers.”

It is difficult to understand in what light the recent bombardment of the town of Belgrade can be considered, except as an “armed intervention” on the part of the Turks, and it is still more difficult to believe that the Austrians were not guilty of an infraction of this article of the Treaty of Paris by carrying warlike stores to the fortress of Belgrade, and by sending engineers and artillerymen to assist in the recent bombardment of the city. Indeed, the whole policy of the European powers and the compromise which has just been agreed to at Constantinople are shrouded in mystery, and promise but little for the future peace of Servia. The great powers have decided that henceforth the guns of the fortress of Belgrade are not to be pointed towards the city; and as the only other face of the citadel is opposite the Austrian territory, it remains that they can only be directed against the subjects of that power. What is to be their use in that direction it is not easy to say. But to return. Prince Michel is now securely seated in the government of his principality, and it is to be hoped that he will long preside over the growing advancement of his country, its commerce and its intelligence.

The Executive Government is carried on by six Ministers, each of whom has his separate department. At the head of these is M. Garaschanin, who possesses a reputation extending far beyond the limits of the State which he serves with great ability.

The Senate consists of seventeen members, nominated by the Prince, one for each of the seventeen departments into which the country is divided. This body is always sitting. Formerly all vacancies in the Senate were filled up by the rest of the members, but for some time past the Prince has exercised the power of appointing the Senators. The respective provinces of the Skoupschina and the Senate are at present ill-defined, and the latter body has encroached considerably upon the province of the popular branch of the legislature : and though it has constitutionally no power to make or to alter the laws, yet it authorises the expenditure of the country, and by its votes the taxation is apportioned. ‘A direct tax is paid by the heads of families. The annual amount of this tax is about fifteen shillings per head, whatever may be the amount of property which each person possesses. A commission is issued by the Government ‘to superintend the collection of the tax, and to inquire and make a return of the persons able to pay. Notice is given to all these of the sum which each is liable to contribute. In case of inability to pay, the commission has power to receive and investigate any complaint, and if need be to give relief. This law, however, is under the consideration of the Government and the Senate, and it is probable that some different mode of taxation will be adopted. The villagers at Medvedje were engaged in discussing this proposed alteration when I passed through their village on my way to Manassia.

to the extension of that trade. This great object is not very likely to be accomplished by other means than by British capital and British enterprise, both of which are checked by the known policy of England in support of the Porte, even to the sacrifice of the Christian people inhabiting the Danubian principalities, who are struggling for progress and improvement. Servia has given an example of what these people are capable of doing; and it surely would be in accordance with the principles professed by our country if we were to foster a nation every way disposed to peace and order, whose country possesses elements of wealth not to be surpassed in any part of the world, rather than, by following the phantom of “the integrity of Turkey,” to assist in restraining the progress and in curbing the freedom and independence of these people.

The law is administered by a gradation of tribunals, very much upon the model of the French courts. There are village courts which have jurisdiction to the value of two hundred piastres. Above these are the departmental courts, whose jurisdiction has no limit as to amount. All are subject to appeals to the Court of Cassation, which sits at Belgrade. The proceedings in the inferior courts are entirely verbal; those in the superior court are written.

The army consists of about four thousand men, who are paid by the State. These comprise a small artillery corps and two hundred cavalry; the remainder are infantry. Beyond these, however, there has been lately organized a militia service, the strength of which is estimated at seventy thousand men. The militia furnished by two departments of the country, those of Belgrade and of Kragujewatz, are artillerymen; the rest are infantry. In addition to this, there is also a volunteer service similar to that in our own country. Altogether, it is supposed that Servia could in any moment of special danger send into the field as many as one hundred and fifty thousand men of all arms, capable of rendering good service against any invader. In the , present state of Europe such a force is fully adequate to the protection of the country against all foreign aggression from whatever side; and if the mountainous state of the country be taken into consideration, of which the Servians know well how to avail themselves to the fullest extent for the purposes of defence, there. can be no doubt of their perfect ability to hold their own. For offensive purposes, the military force of the nation would be of little-value ; but neither the policy of the reigning Prince nor the disposition of the people are at all likely to lead them to interfere with their neighbours. The aim of both is rather to cultivate commerce and the arts of peace, in which it is to be hoped that they will not again be disturbed by Turkish fanaticism.

A people who have done so much in so short a space of time to raise themselves in the scale of nations, are deserving of the encouragement of the great powers of Western Europe. France has already done much to assist their progress, and it would be well if the English Government could see how much the opening of the trade of the Danube deserves to be encouraged, and how important Belgrade must be to the extension of that trade. This great object is not very likely to be accomplished by other means than by British capital and British enterprise, both of which are checked by the known policy of England in support of the Porte, even to the sacrifice of the Christian people inhabiting the Danubian principalities, who are struggling for progress and improvement. Servia has given an example of what these people are capable of doing; and it surely would be in accordance with the principles professed by our country if we were to foster a nation every way disposed to peace and order, whose country possesses elements of wealth not to be surpassed in any part of the world, rather than, by following the phantom of “the integrity of Turkey,” to assist in restraining the progress and in curbing the freedom and independence of these people.