of Arabs in the lands about to be divided. A sénatus-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, Tlemçen 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
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, Africa which it is convenient to designate by the name of Africa Minor. Both historically and geographically, Africa Minor belongs much more to the Mediterranean Africa Minor.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 rôle 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.
At the beginning of the 16th century the native dynasties
