Revolutionary Serbia

Revolutionary Serbia (Serbian: Устаничка Србија / Ustanička Srbija), or Karađorđe's Serbia (Serbian: Карађорђева Србија / Karađorđeva Srbija), refers to the state established by the Serbian revolutionaries in Ottoman Serbia (Sanjak of Smederevo) after the start of the First Serbian Uprising against the Ottoman Empire in 1804. The Sublime Porte first officially recognized the state as autonomous in January 1807, however, the Serbian revolutionaries rejected the treaty and continued fighting the Ottomans until 1813. Although the first uprising was crushed, it was followed by the Second Serbian Uprising in 1815, which resulted in the creation of the Principality of Serbia, as it gained semi-independence from the Ottoman Empire in 1817.

The Ottoman Empire saw growing political and economical crisis in the mid-18th century which led to feudal anarchy at the beginning of the 19th century.^[1] The European-Ottoman wars and new economic relations broke the Ottoman feudal system and effected the emancipation of Christians in the empire, especially in the Balkans.^[1] The rayah (subordinated Christians) were subject to forced labour (known as chiflik), terror from authorities, forced migration, epidemics and starvation.^[1] Serbs had joined the Austrians in their wars against the Ottomans and suffered consequences due to their failure.^[1] Out of all Serb-inhabited areas in the Rumelia Eyalet, the most homogenous was the Pashalik of Belgrade.^[2]

The territory of modern Serbia was outside Austrian focus after the Austro-Turkish War (1737–39) and peace signed in 1747.^[2] Russian victories (1768–74) and intention to liberate the Balkans prompted the Austrians to involve itself and the two empires signed an alliance in 1782.^[2] Austria and Russia divided their sphere of influence, with Russia claiming the creation of "Dacia" (Wallachia, Moldavia and Bessarabia) and "Byzantium" with capital at Constantinople led by a Russian prince, while Austria wanted the territory stretching from Wallachia–Oltenia–Nicopolis–Vidin–Orsova–Belgrade–Drina down to the Adriatic Sea.^[3] A Serbian state was not included in any plan, as it would mean strengthening of the Orthodox world.^[3] Russia occupied Crimea but Austria did not join in as it claimed it was not ready yet, instead, Austria initiated contact with the agitated Serbs of the Belgrade Pashalik.^[3] The Serbs were oppressed by the Ottoman authorities and janissaries and were eager to form alliances with Christian states in order to liberate themselves.^[3] The Ottomans declared war on Russia in 1787 and Austria joined in February 1788.^[3] In 1787 the Serbs were violently disarmed by the Ottoman authorities during the Austrian war preparations, with terror carried out by military and bashi-bazouk irregular units leading to people fleeing across the Sava and Danube to Austrian territory and forming the Serbian Free Corps.^[3]

Serb volunteers actively engaged Ottoman troops and raided ships on the Danube.^[4] Among distinguished volunteers were Radič Petrović and Koča Anđelković, whose unit also included a young Karađorđe.^[4] Koča led the liberation of many towns in central Serbia and was awarded by the Austrian command, however, much needed aid and equipment was denied.^[4] Successful Ottoman counter-operations and terror upon the Serb population led to further refugees to Austria, numbering 50,000 by the end of June 1788.^[5] South Banat was occupied by the Ottomans and a truce was signed, lasting to the summer of 1789.^[5] The threat of a Prussian-Ottoman alliance prompted the Austrians to launch a campaign in August 1789 leading to the conquest of Belgrade and advance in the interior.^[6] The Austrian court increasingly sought to end the conflict and peace was signed in August 1791.^[7]

The Porte gave amnesty to participants on the Austrian side and banned the janissaries from the Belgrade Pashalik.^[8] In 1793, the Janissary Pashas revolted, raiding the lands and threatening the Sultan's rule, with Pazvantoğlu taking over the Sanjak of Vidin and the janissaries briefly occupying Belgrade.^[8] After expelling the janissaries, the Porte appointed Hadji Mustafa Pasha as Vizier of Belgrade in July 1793.^[8] Mustafa Pasha was remembered positively in Serbian history, having improved the situation in the Pashalik through reforms.^[9] In order to rid the threat of the janissaries, a "national army" of Serbs placed under Ottoman service was established, numbering some 15,000, many of whom had gained military training and experience in the last war.^[10] The janissaries once again tried to occupy the Pashalik but were defeated at Kolari, which showed that the Serbian troops were well-organized, disciplined and trained.^[10] As a reward, the Porte issued firmans (decrees) which gave Serbs self-governing privileges.^[10] The Serb villages elected a knez which in turn elected the obor-knez.^[10]

Between July and October 1806 Petar Ičko, an Ottoman dragoman (translator-diplomat) and representative of the Serbian rebels, negotiated a peace treaty known in historiography as "Ičko's Peace". Ičko had been sent to Constantinople twice in the latter half of 1806 to negotiate peace. The Ottomans seemed ready to grant Serbia autonomy following rebel victories in 1805 and 1806, also pressured by the Russian Empire, which had taken Moldavia and Wallachia; they agreed to a sort of autonomy and clearer stipulation of taxes in January 1807, by which time the rebels had already taken Belgrade. The rebels rejected the treaty and sought Russian aid to their independence, while the Ottomans declared war on Russia in December 1806. On 10 July 1807, the Serbian rebels signed an alliance with the Russian Empire. After the Ottoman Empire had allied itself with Napoleon's France in late 1806, and was subsequently at war with Russia and Britain, it sought to meet the demands of the Serbian rebels. At the same time, the Russians offered the Serbs aid and cooperation. The Serbs chose alliance with the Russians over autonomy under the Ottomans (as set by Ičko's Peace). Karađorđe was to receive arms, and military and medical missions, which proved to be a turning point.

With the ending of the Russo-Turkish War (1806–1812) and Treaty of Bucharest the Ottomans turned to defeat the Serbian rebels in 1813. A short-lived rebellion failed in late 1814 but the Ottoman terror pushed the Serbs to the Second Serbian Uprising.

The "national army" (Serbian: народна војска), also called the "insurgent army" (устаничка војска), was made up of local rebels, commoners belonging to the rayah (Ottoman tax-paying lower class), without wages but had some structure resembling a standing army.^[11] They had the right to loot.^[11] In the initial years all abled men were required to join as soldiers.^[11] There were also troops known as the momci ("young men") and bećari ("bachelors"), the former being a kind of private army of the voivodes and the latter being mercenaries mostly from outside the region, though some local poverished peasants joined them.^[11] There were volunteers from other regions who joined to fight the Ottomans for patriotic reasons.^[11] Stratimirović informed the Austrian court in 1807 that the rebel army had greatly expanded, noting that some rebels were focused on looting weapons, military equipment and coins.^[11]

The bećari were mostly infantry, some cavalry, tasked with border security or served as crews in fortified camps and trenches.^[11] Their monthly wage was 15 groschen and they also had the right to partake in the division of loot.^[11]

War spoils are important motivation in all wars, and the rebels used the Byzantine principles for the soldier's right to loot (Ecloga and Prochiron) and were morally justified in looting "Turk" feudal lords.^[12] Most of the loot ended up in the hands of the starešina (chief), often through incorrect division.^[13] Due to this, although only formally, point 10 in Karađorđe's Law Code (zakonik) includes fines to the chief if he steals his soldier's rightful loot.^[13] There were instances where chiefs freed individuals from conscription in exchange for unpaid work (corvée, known in Serbo-Croatian as kuluk), and this was also regulated with fines and temporary exclusion from the government.^[13] Letting soldiers go home in exchange for gifts and bribes were seen as treason.^[13]

The Serb population was patriarchal with old customary laws and lived in family cooperatives (zadruga).^[2] The zadruga and village were the backbone of social organization.^[2]

Orthodox priests and monks were active in the planning and maintaining of rebellion, some armed themselves and became rebel leaders, consequently entering the rebel government.^[14] The clergy joined local politics, with judicial organization in autumn 1805 deciding that one priest each shall enter the village-, knežina and nahija courts.^[14]

The Orašac Assembly in February 1804 saw the election of Karađorđe to lead the uprising against "Turkish" rule. Military success led to formation of an own government in place of the Ottoman system in liberated territory and cities, both military and civil authority.^[14] Courts (called magistrates) and judges were appointed at the first national assembly held in Ostružnica in April 1804,^[15] after Karađorđe asked of the nahija chiefs (starešina) to bring two or three "main men" for the election of judges.^[16] The initial phase of the uprising saw a rise in crime with some rebels engaging in deviant behaviour to enrichen themselves.^[15] It was decided that the army in liberated territory commence towards Belgrade upon the assembly, so the judicial system needed to be put in place hastily to care for law and order in the abscence of the army and chiefs.^[17] Orthodox archpriest Matija Nenadović worked on the regulations, using also some paragraphs from the medieval legal code Zakonopravilo, with other points being contemporary reflections on rebel opportunities, commoner perceptions or showing Austrian influence.^[18] Lesser wrongdoings would be judged according to the trusted judge's "clear conscience" and traditional practices.^[19] The first court was established in the Valjevo nahija by Nenadović and had a judicial, administrative and police function, also standing for the organization of ordinary life outside the rebellion and the mobilization of troops and necessities.^[20] At the same time, church courts were responsible for religious matters and education and included laymen.^[21] A problem laid in the chiefs' view that they were independent and untouchable in their nahija, which urged for strengthening civil government and excluding them from judicial work.^[21] The chiefs had taken upon themselves to act as the law in a despotic way (as Karađorđe did).^[15] They based their rule on their power, military prowess and wealth, often being former knezes (village holders), kmets (serfs) or belonging to knez families from the time of Hadji Mustafa Pasha (1793–1801).^[15] Karađorđe is known to have often had the last word and being strict in sentencing, while corruption is evident in him acting as the supreme judge ordering changes to sentences and punishment, such as freeing, giving amnesty to individuals or handing death sentences (and executing them).^[22]

The first year saw supreme military control of territory in the hands of Karađorđe, which led to other military leaders wanting to limit his power.^[23] In response, the Governing Council (Praviteljstvujušči Sovjet) was established in 1805,^[24] upon recommendation of Russian Minister of Foreign Affairs Czartoryski and the proposal of some leaders (such as Matija and Jakov Nenadović, Milan Obrenović, Sima Marković).^[25] Laws passed by the Governing Council and People's Assembly (Narodna Skupština) in October-November 1805 represented the first constitutional acts establishing the Council as the executive institution.^[24] The People's Assembly, made up of community leaders (owing to their reputation and position), and not electees, gathered to decide on important matters such as political and military issues.^[24] Karađorđe became Assembly chairman (Serbian: Председатељ верховни Совјета народна), being the commanding general with certain diplomatic, administrative and judicial functions.^[24]

The idea of Austrian lawyer Boža Grujović, the first secretary, and archpriest Matija Nenadović, the first president, was that the Council would become the government of the new Serbian state.^[26] Grujović was instrumental in its establishment and he drew inspiration from the French Revolution,^[24] with Nenadović having the most important role in establishing the Council and it being the most active during his presidency.^[14] The Council had to organize and supervise the administration, economy, army supply, order and peace, judiciary, and foreign policy.^[26] Courts were established in all nahija.^[21] The courts and Council only managed to somewhat reduce the voivode involvement in judicial matters (and extrajudicial abuse) and were unable to adjudicate them due to their power and the fact that they influenced the election of judges and council members.^[27] Following the Russian alliance of 1807, diplomat Konstantin Rodofinikin drafted a plan to establish a Serbian "senate" (Serbian: Правитељствујушчи сенат сербски) which would hold power with Karađorđe acting as non-hereditary Prince (књаз/knjaz), aimed to limit his powers, but the Russian emperor never approved it.^[24] Despite initial military successes, the rebel leaders were seldom on good terms, and constant infighting plagued their camp. In the western part of the country, Jakov Nenadović was the principal figure, while in the east, Milenko Stojković and Petar Dobrnjac. The latter two opposed Karađorđe's attempts to create a centralized state, fearing that it would diminish their own power.^[28] Matija Nenadović even came to heads with his uncle Jakov when he for a time opposed to acknowledge Karađorđe's supreme rule.^[29] In October 1807 the Council ordered for courts to be established in towns and villages, which Karađorđe and his voivodes actually worked against by putting pressure on judges, preventing people from talking to the court and scrapping sentences protecting their friends and family.^[30]

The second Constitutional Act was adopted by the Assembly at Belgrade in 1808, which recognized Karađorđe as hereditary "leader" (предводитељ/predvoditelj) and the Council as the judicial institution.^[31] Although the Constitution obliged cooperation between Karađorđe and the Council, some voivodes still wanted to limit his powers.^[31] The third Act came in 1811 with the intention to end the attempts of dissenting commanders, Karađorđe receiving the title of "Vožd" (again, hereditary) and some voivodes swearing oath first to him (as a monarch) and then the "fatherland", promising also to bring any rival to court.^[31] Karađorđe in turn promised to lead the people justly, stay committed to the Russian alliance, rule alongside the Council which held judicial power, and not permit the abuse of power.^[31] As the president of the Council, he could nominate ministers and other members.^[31] Karađorđe held almost unlimited power as head of state and government.^[31]

In 1811, the government system was reorganized, with the formation of ministries (popečiteljstva) instead of nahija-representatives.

• Territory of Revolutionary Serbia
• In 1809
• In 1813

• Timeline of the Serbian Revolution

• Ćorović, Vladimir (2001) [1997]. Историја српског народа (in Serbian). Belgrade: Јанус.
• Čubrilović, Vasa (1982). Istorija političke misli u Srbiji XIX veka. Narodna knjiga.
• Deretić, Nataša (2014). "Pojavni oblici korupcije u ustaničkoj Srbiji (1804-1815)". Zbornik radova Pravnog fakulteta. 48 (2). Novi Sad: 307–323.
• Đorđević, Miroslav R. (1970). Razvitak političkih i državnopravnih ustanova Srbije od kraja XVIII do početka XX veka. Fakultet političkih nauka, Seminar za društvenu i političku istoriju.
• Janjić, Jovan (2015). "Role of clergy in the creation and function of the Serbian state from the time of First Serbian Uprising". Zbornik Matice srpske za društvene nauke. 150. Matica srpska: 53–64.
• Janjić, Jovan (2014). "The role of the clergy in the creation and work of the state authorities during the first Serbian uprising: Part one". Zbornik Matice srpske za društvene nauke. 149. Matica srpska: 901–927.
• Janković, Dragoslav (1955). Istorija države i prava Srbije u XIX veku. Nolit.
• Jelavich, Charles; Jelavich, Barbara (2000). The Establishment of the Balkan National States, 1804–1920. Vol. 8 (4th ed.). Seattle, Washington: University of Washington Press. ISBN 978-0-29580-360-9.
• Jokanović, Ivan (2022). "Position of the Head of State in Serbia in the XIXth and XXth Centuries". Romanian Journal of Legal History. 2 (1).
• Mikavica, Dejan (2009). "Уставно питање у Карађорђевој Србији 1804—1813". Истраживања. 20.
• Mitrinović, Čedomil; Brašić, Miloš N. (1937). Југословенске народне скупштине и сабори. Izd. Narodne skupštine.
• Morison, W. A. (2012) [1942]. The Revolt of the Serbs Against the Turks: (1804–1813). Cambridge University Press. ISBN 978-1-107-67606-0.
• Nedeljković, Slaviša D.; Đorđević, Miloš Z. (2015). "ПОЛИТИЧКЕ ПРИЛИКЕ У БЕОГРАДСКОМ ПАШАЛУКУ У ПРЕДВЕЧЕРЈЕ СРПСКЕ РЕВОЛУЦИЈЕ (1787-1804)". Teme. XXXIX (3). Niš: 965–969.
• Novaković, Stojan (1907). Уставно питање и закони Карађорђева времена: студија о постању и развићу врховне и среднишње власти у Србији, 1805-1811. Штампарија "Љуб. М. Давидовић". (Public Domain)
• Petrovich, Michael Boro (1976). A history of modern Serbia, 1804-1918. Harcourt Brace Jovanovich. ISBN 9780151409501.
• Ranke, Leopold von (1847). History of Servia, and the Servian Revolution: From Original Mss. and Documents. J. Murray.
• Singleton, Frederick Bernard (1985). A Short History of the Yugoslav Peoples. New York: Cambridge University Press. ISBN 978-0-521-27485-2.

• Jovašević, Dragan (2016). "Osnovne karakteristike zakonodavstva Karađorđeve Srbije" [The Basic Characteristics of the Law in Karadjordje’s Serbia]. Godišnjak fakulteta pravnih nauka. 6 (6): 63–74.
• Kandić, Ljubica (1967). "Some Issues of the Constitutional Development of the State of the First Serbian Uprising". Zbornik radova. 2: 363-.
• Sarkic, Srdan (2014). "The Beginnings of the Rule of Law in Serbia during the First Uprising (1804-1813". Collection Papers from Conf. Org. on Occasion Day Fac. L.

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