Colonization and Military Control
A royal ordinance in 1845 called for three types of administration in Algeria. In areas where Europeans were a substantial part of the population, colons elected mayors and councils for self-governing "full exercise" communes (communes de plein exercice). In the "mixed" communes, where Muslims were a large majority, government was in the hands of appointed and some elected officials, including representatives of the grands chefs (great chieftains) and a French administrator. The indigenous communes (communes indigènes), remote areas not adequately pacified, remained under the régime du sabre.
By 1848 nearly all of northern Algeria was under French control. Important tools of the colonial administration, from this time until their elimination in the 1870s, were the bureaux arabes (Arab offices), staffed by Arabists whose function was to collect information on the indigenous people and to carry out administrative functions, nominally in cooperation with the army. The bureaux arabes on occasion acted with sympathy to the local population and formed a buffer between Muslims and rapacious colons.
Under the régime du sabre, the colons had been permitted limited self-government in areas where European settlement was most intense, but there was constant friction between them and the army. The colons charged that the bureaux arabes hindered the progress of colonization. They agitated against military rule, complaining that their legal rights were denied under the arbitrary controls imposed on the colony and insisting on a civil administration for Algeria fully integrated with metropolitan France. The army warned that the introduction of civilian government would invite Muslim retaliation and threaten the security of Algeria. The French government vacillated in its policy, yielding small concessions to the colon demands on the one hand while maintaining the régime du sabre to protect the interests of the Muslim majority on the other.
Shortly after Louis Philippe's constitutional monarchy was overthrown in the revolution of 1848, the new government of the Second Republic ended Algeria's status as a colony and declared the occupied lands an integral part of France. Three "civil territories"--Algiers, Oran, and Constantine--were organized as French départements (local administrative units) under a civilian government. For the first time, French citizens in the civil territories elected their own councils and mayors; Muslims had to be appointed, could not hold more than one-third of council seats, and could not serve as mayors or assistant mayors. The administration of territories outside the zones settled by colons remained under a régime du sabre. Local Muslim administration was allowed to continue under the supervision of French military commanders, charged with maintaining order in newly pacified regions, and the bureaux arabes. Theoretically, these areas were closed to European colonization.
European migration, encouraged during the Second Republic, stimulated the civilian administration to open new land for settlement against the advice of the army. With the advent of the Second Empire in 1852, Napoleon III returned Algeria to military control. In 1858 a separate Ministry of Algerian Affairs was created to supervise administration of the country through a military governor general assisted by a civil minister.
Napoleon III visited Algeria twice in the early 1860s. He was profoundly impressed with the nobility and virtue of the tribal chieftains, who appealed to the emperor's romantic nature, and was shocked by the self-serving attitude of the colon leaders. He determined to halt the expansion of European settlement beyond the coastal zone and to restrict contact between Muslims and the colons, whom he considered to have a corrupting influence on the indigenous population. He envisioned a grand design for preserving most of Algeria for the Muslims by founding a royaume arabe (Arab kingdom) with himself as the roi des Arabes (king of the Arabs). He instituted the so-called politics of the grands chefs to deal with the Muslims directly through their traditional leaders.
To further his plans for the royaume arabe, Napoleon III issued two decrees affecting tribal structure, land tenure, and the legal status of Muslims in French Algeria. The first, promulgated in 1863, was intended to renounce the state's claims to tribal lands and eventually provide private plots to individuals in the tribes, thus dismantling "feudal" structures and protecting the lands from the colons. Tribal areas were to be identified, delimited into douars (administrative units), and given over to councils. Arable land was to be divided among members of the douar over a period of one to three generations, after which it could be bought and sold by the individual owners. Unfortunately for the tribes, however, the plans of Napoleon III quickly unraveled. French officials sympathetic to the colons took much of the tribal land they surveyed into the public domain. In addition, some tribal leaders immediately sold communal lands for quick gains. The process of converting arable land to individual ownership was accelerated to only a few years when laws were enacted in the 1870s stipulating that no sale of land by an individual Muslim could be invalidated by the claim that it was collectively owned. The cudah and other tribal officials, appointed by the French on the basis of their loyalty to France rather than the allegiance owed them by the tribe, lost their credibility as they were drawn into the European orbit, becoming known derisively as beni-oui-ouis (yes-men).
Napoleon III visualized three distinct Algerias: a French colony, an Arab country, and a military camp, each with a distinct form of local government. The second decree, issued in 1865, was designed to recognize the differences in cultural background of the French and the Muslims. As French nationals, Muslims could serve on equal terms in the French armed forces and civil service and could migrate to metropolitan France. They were also granted the protection of French law while retaining the right to adhere to Islamic law in litigation concerning their personal status. But if Muslims wished to become full citizens, they had to accept the full jurisdiction of the French legal code, including laws affecting marriage and inheritance, and reject the competence of the religious courts. In effect, this meant that a Muslim had to renounce his religion in order to become a French citizen. This condition was bitterly resented by Muslims, for whom the only road to political equality became apostasy. Over the next century, fewer than 3,000 Muslims chose to cross the barrier and become French citizens.
When the Prussians captured Napoleon III at the Battle of Sedan (1870), ending the Second Empire, the colons in Algiers toppled the military government and installed a civilian administration. Meanwhile, in France the government directed one of its ministers, Adolphe Crémieux, "to destroy the military regime . . . [and] to completely assimilate Algeria into France." In October 1870, Crémieux, whose concern with Algerian affairs dated from the time of the Second Republic, issued a series of decrees providing for representation of the Algerian départements in the National Assembly of France and confirming colon control over local administration. A civilian governor general was made responsible to the Ministry of Interior. The Crémieux Decrees also granted blanket French citizenship to Algerian Jews, who then numbered about 40,000. This act set them apart from Muslims, in whose eyes they were identified thereafter with the colons. The measure had to be enforced, however, over the objections of the colons, who made little distinction between Muslims and Jews. (Automatic citizenship was subsequently extended in 1889 to children of non- French Europeans born in Algeria unless they specifically rejected it.)
The loss of Alsace-Lorraine to Germany in 1871 led to pressure on the French government to make new land available in Algeria for about 5,000 Alsatian and Lorrainer refugees who were resettled there. During the 1870s, both the amount of European- owned land and the number of settlers were doubled, and tens of thousands of unskilled Muslims, who had been uprooted from their land, wandered into the cities or to colon farming areas in search of work.
The most serious native insurrection since the time of Abd al Qadir broke out in 1871 in the Kabylie and spread through much of Algeria. The revolt was triggered by Crémieux's extension of civil (that is, colon) authority to previously self-governing tribal reserves and the abrogation of commitments made by the military government, but it clearly had its basis in more long- standing grievances. Since the Crimean War (1854-56), the demand for grain had pushed up the price of Algerian wheat to European levels. Silos were emptied when the world market's impact was felt in Algeria, and Muslim farmers sold their grain reserves-- including seed grain--to speculators. But the community-owned silos were the fundamental adaptation of a subsistence economy to an unpredictable climate, and a good year's surplus was stored away against a bad year's dearth. When serious drought struck Algeria and grain crops failed in 1866 and for several years following, Muslim areas faced starvation, and with famine came pestilence. It was estimated that 20 percent of the Muslim population of Constantine died over a three-year period. In 1871 the civil authorities repudiated guarantees made to tribal chieftains by the previous military government for loans to replenish their seed supply. This act alienated even pro-French Muslim leaders, while it undercut their ability to control their people. It was against this background of misery and hopelessness that the stricken Kabyles rose in revolt.
In the aftermath of the 1871 uprising, French authorities imposed stern measures to punish and control the whole Muslim population. France confiscated more than 500,000 hectares of tribal land and placed the Kabylie under a régime d'exception (extraordinary rule), which denied the due process guaranteed French nationals. A special indigénat (native code) listed as offenses acts such as insolence and unauthorized assembly not punishable by French law, and the normal jurisdiction of the cudah was sharply restricted. The governor general was empowered to jail suspects for up to five years without trial. The argument was made in defense of these exceptional measures that the French penal code as applied to Frenchmen was too permissive to control Muslims.
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