CHAPTER IX

THE BEGINNINGS OF THE RUSSIAN RÉGIME

1. THE JEWISH POLICY OF CATHERINE II. (1772-1796)

The quarantine which Russia, prior to Catherine II., had established for

the "enemies of Christ," was broken through in 1772 by the first

partition of Poland. At one stroke the number of Russian subjects was

swelled by the huge Jewish masses of White Russia. The Russian Empire

was augmented by a new province adjoining its central possessions, and

together with the new region and its variegated population it acquired

hundreds of thousands of subjects of the kind it had hitherto ruthlessly

driven beyond its borders.

What was to be done with the unwelcome heritage bequeathed by Poland?

The primitive policy of an Elizabeth Petrovna might have dictated some

barbarous measure, such as the wholesale expulsion of the Jews from the

newly-acquired territory. But the statesmanlike intellect of a Catherine

could not, during the formulation of the liberal "Instructions,"[234]

admit such barbarism, which moreover would have been incompatible with

the new pledges the Russian Government had found it necessary to give to

the heterogeneous population of White Russia at the time of annexation.

In the "Placard" issued on this occasion by Count Chernyshev, the first

Governor-General of White Russia, all residents, "of whatever birth and

calling," were "solemnly assured by the sacred name and word of the

Empress," that their religious liberty as well as their personal rights,

and the privileges attaching to property and estate, would remain

inviolate.

This "assurance" included the Jews, though not without qualification, as

is shown by this passage:

From the aforesaid solemn assurance of the free exercise of

religion and the inviolability of property for one and all, it

follows of itself that also the Jewish communities residing in

the cities and territories now incorporated into the Russian

Empire will be left in the enjoyment of all those liberties

which they possess at present, in accordance with the [Russian]

law and [their own] property. For the humaneness of her Imperial

Majesty will not allow her to exclude the Jews alone from the

grace vouchsafed to all and from the future prosperity under her

beneficent rule, so long as they on their part shall live in due

obedience as faithful subjects, and shall limit themselves to

the pursuit of genuine trade and commerce according to their

callings.

To be sure, the Jews, in contradistinction to the rest of the

population, are promised the high Imperial favor on condition of "due

obedience." Yet the inviolability of their former rights was solemnly

guaranteed, and Russian politics had henceforward to be guided by it.

Immediately on the annexation of the new province a general census was

ordered. According to the testimony of a contemporary, the number of

Jews in White Russia was found to amount to over forty thousand

families, about two hundred thousand souls. An ukase of 1772 imposed

upon them a _per capita_ tax of one rubel (50c.). The annexed territory

was divided into two Governments, those of Moghilev and Polotzk, or, as

it is called at present, Vitebsk. In the interest of the regular

collection of taxes, the administration from the very beginning gave

instructions "to have all Jews affiliate with the Kahals and to

institute such [Kahals] as the governors may suggest or as necessity for

them may arise."

The problems connected with the inner organization of the Jews were of a

more complicated character. Far-reaching changes were taking place at

that time in the provincial and the social organization of the Russian

Empire. In 1775 was promulgated the "Regulation Concerning the

Governments."[235] In 1785 was issued the "Act Concerning Municipal

Administration,"[236] and the authorities were confronted by an

alternative: either to place the Jews under the general laws, according

to the estate to which they belonged (in the cities the mercantile

class, the burghers, and the trade-unions), or, in view of their

peculiar conditions of life and the Kahal autonomy inherited from

Poland, allow them to retain their own institutions as part of their

communal and spiritual self-government. It was a difficult problem, and

Russian legislation at first wavered between these two ways of solving

it, with the result that matters became muddled. The interference of the

local administration and the old rivalry among the various estates made

confusion worse confounded.

The ukase issued by the Senate in 1776 sanctioned the existence of the

Kahal, regarding it primarily as a fiscal and legislative institution,

which the Russian administration found convenient for its purposes. At

the instance of Governor-General Chernyshev, the Jews of White Russia

were set apart as a separate tax-unit and as an estate of their own.

They were to be entered on special registers in the towns, townlets,

villages, and hamlets, wherever a census was taken. The instructions

read that

in order that their taxes may be more regularly remitted to the

exchequer, Kahals shall be established in which they [the Jews]

shall all be enrolled, so that every one of the "Zhyds,"[237]

whenever he shall desire to travel somewhere on business, or to

live and settle in one place or another, or to take anything on

lease, shall receive a passport from the Kahal. The same Kahal

shall pay the head-tax, and turn it over to the provincial

exchequer.

Thus, as regards the payment of taxes, and the rights not only of

transit but also of business, every Jew was placed in the same position

of dependence on his Kahal as under the old Polish _régime_. At the same

time the Kahal was endowed with certain judicial functions. District and

Government Kahals, the latter conceived as courts of appeal, were

established for cases between Jews, each of these Kahals being assigned

a definite number of elective judges. Only lawsuits between Jews and

non-Jews were to be brought before the general magistracy courts.

But a few years later the Government was shaken in its resolve to uphold

the former Kahal organization to its full extent. In 1782 an inquiry was

addressed by the Senate to Passek, the new Governor-General of White

Russia, as to the legality of establishing special Jewish law courts. A

year later the Government took a decided step in the opposite direction.

It recognized the rights of Jews registered in the merchant class to

participation in the general city government, to elect and to be elected

on equal terms with the Christian members of the magistracies, town

councils, and municipal courts. The realization of this reform was

greatly hampered by the opposition of the Christian merchants and

burghers, who hated the Jews, and could not reconcile themselves to the

municipal equality of their competitors. Having accustomed themselves to

look down upon the Jews as citizens of an inferior grade, the Christian

city officials assumed a hostile attitude towards their Jewish

colleagues who had been elected to public posts, and by electioneering

methods managed to reduce their numbers in the city corporations to a

minimum. The interests of the Jews were bound to suffer, particularly as

far as the administration of justice was concerned.

On the other hand, the administration itself began to oppress them. The

liberal Chernyshev was superseded by the anti-Jewish Passek, who did his

utmost to restrict the Jews in their economic activities, to the obvious

advantage of their competitors in the ranks of the Shlakhta and the

Christian merchants.

The Jews--a contemporary who had himself been affected by these

measures informs us--were driven from their breweries and

distilleries, their toll-houses, hostelries, etc., which formed

their principal means of livelihood. Thousands of families were

reduced to beggary. In addition, new restrictions were

introduced affecting business, handicrafts, and so forth.

The acuteness of the economic and social crisis among the Jews of White

Russia during that period of transition is evidenced by the petition

which their delegates submitted in 1784 to Catherine II.

The petition, consisting of six points, is permeated with a profound

feeling of despair. The Jews complain that the administration has

deprived them completely of their main sources of income: distilling,

brewing, and liquor-selling in the cities. They furthermore point out

that Governor-General Passek has forbidden the landed proprietors to

lease the inns on their estates to Jews, and that in consequence a large

number of families, who depended for their livelihood on some form of

liquor-selling and innkeeping, had been brought to the verge of ruin.

They also contend that the Jews had not reaped the expected benefits

from the equal municipal rights conferred upon them, for where the Jews

are in a minority not a single Jewish candidate is admitted to a

municipal or judicial office, "so that whenever a Jew goes to law

against a Christian, he is liable to become the victim of a partial

verdict, because there is no coreligionist to intercede on his behalf in

the courts, and he is not familiar with the Russian language." Their

further grievances relate to the arbitrariness of the landed

proprietors, who "from sheer caprice, contrary to agreement," impose an

excessive land rent on the Jews who have erected houses on their

property, so that they are forced to abandon their houses. Sometimes

houses are requisitioned for Government purposes, or are torn down "to

be rebuilt according to [new official street] plans," without the

slightest compensation to their owners. The magistracies, on the other

hand, often compel the Jews who are domiciled in the townlets and

villages, but are enrolled among the merchants or burghers of some

city, to build houses in that city, "whereby the Jews are liable to be

reduced to extreme poverty, inasmuch as by spending their capital on

building they have no capital wherewith to run their business."

The petition was received by the Empress, who, in forwarding it, in

1785, to the Senate for consideration, deemed it necessary to indicate

her general attitude in the following "resolution":

Her Majesty desires to have it pointed out that, inasmuch as the

aforesaid persons of the Jewish religion have been placed by the

ordinances of her Majesty in the same position as the others, it

is necessary in every case to observe the rule that everyone is

entitled to the advantages and rights appertaining to his

calling or estate, without distinction of religion or

nationality.

The Senate had to comply with the comprehensive and liberal-minded

injunction of the Empress in endeavoring to solve the burning problems

affecting Jewish life. The solution finally arrived at was a feeble

compromise between the economic, national, and class interests which

were contradictory to one another. In its ukase of May 7, 1786, the

Senate partly fulfilled and partly declined the demands of the White

Russian Jews. The right of pursuing freely the liquor trade in the

cities was refused, in view of the fact that, according to the new law,

liquor-dealing constituted a monopoly of the city administration. On the

other hand, the Jews were accorded the rights of participating on equal

terms with non-Jews in the public bids for the lease of the pothouses.

Passek's rescript forbidding the landowners to let out distilleries and

inns to the Jews was declared an illegal infringement of the rights of

the landowners, and therefore ordered to be countermanded.

The complicated question as to the compatibility of municipal

self-government with Jewish Kahal autonomy was equally solved by a

compromise. With respect to the magistracies, town councils, boards of

aldermen, and law courts, the Jews were accorded proportionate

representation in agreement with the general provisions of the new city

government. The common municipal courts, in which Jews were to be

represented by elective jurymen of their own, were to handle both civil

and criminal cases, not only between persons of different denominations,

but also between Jew and Jew. The District and Government Kahals were to

deal with spiritual affairs only. They were also to be charged with the

distribution of the state and communal taxes in the various Jewish

communities.

As for the complaints of the Jews against the oppression of the

administration as well as of the magistracies and the landowners, all

the Senate did was to point to the principle by which all the members of

a given estate are equally vouchsafed the rights appertaining to it. The

Senate even went so far as to bar all references to the former Polish

laws with their discriminations against the Jews, "for, inasmuch as they

[the Jews] are enrolled among the merchants and burghers on the same

terms, and pay equal taxes to the exchequer, they ought in all

circumstances to be given the same protection and satisfaction as the

other subjects." Yet in the very same ukase the Senate refuses to grant

the petition of several White Russian Jews who asked to be enrolled in

the merchant corporation of Riga, basing its refusal on the absence of a

special Imperial permit allowing the Jews to register as merchants

outside of White Russian territory.

Here we have the first application of the ignominious principle of

subsequent Russian legislation, that everything is forbidden to Jews

unless permitted by special law. The ukase of 1786, with all its liberal

phrases about the equality of the members of all classes irrespective of

religion, imperceptibly instituted a Pale of Settlement by attaching the

Jews to definite localities, which had been wrested from Poland, and

refusing them the right of residence in other parts of Russia. The

implied criticism of the Senate, directed against "the former Polish

laws with their discriminations against the Jews," could with far

greater justice be leveled in much sharper form against the Russian

legislation which subsequently curtailed the Jewish right of transit and

commerce to an extent undreamt-of even by the fiercest anti-Jewish

restrictionists of Poland.

While in the first two decades after the occupation of White Russia the

Russian Government observed a comparatively liberal, at least a

well-intentioned, attitude towards the Jewish question, in later years

it openly embarked upon a policy of exceptional laws and restrictions.

The general reactionary tendency, which was partly the result of the

"ominous" successes of the great French Revolution, and gained the upper

hand in Russia towards the end of Catherine's reign, was mirrored also

in the position of the Jews. At that juncture the second and third

partitions of Poland (1793, 1795) were effected, and hundreds of

thousands of Jews from Lithuania, Volhynia, and Podolia were added to

the numbers of Russian subjects. The country, which barely a generation

before had not tolerated a single Jew within its borders, now included a

territory more densely populated by Jews than any other. Some means of

reconciliation had to be found between these historic opposites, the

traditional anti-Jewish policy of Russia, on the one hand, and the

presence of millions of Jews within its dominions, on the other, and

such means were found in that system of Jewish rightlessness which since

that time has become one of the principal characteristics of the

political genius of Russian autocracy. The ancient Muscovite policy

peeped out with ever greater boldness from beneath the European mask of

St. Petersburg.

On the very eve of the second partition of Poland, when the Russian

Government merely anticipated an influx of Jews, it had a fatal gift in

store for them: the law of the Pale of Settlement, which was to create

within the monarchy of peasant serfs a special class of territorially

restricted city serfs. It should be added that the impulse towards the

creation of this disability did not come from above but from below, from

the influential Christian middle class, which, fearing free competition,

began to shout for protection.

The first step in robbing the Jews of Russia of their freedom of

movement was made a few years after the occupation of White Russia. The

Jewish merchants of the White Russian Governments Moghilev and Polotzk

(or, as the latter is called at present, Vitebsk) which border on the

Great Russian Governments of Smolensk and Moscow, began to visit the two

cities of the same name and carry on trade, wholesale and retail, in

imported dry goods. They did a good business, for the Jewish merchants

sold goods of a higher quality at a lower figure than their Christian

competitors. This set the merchants of Moscow agog, and in February,

1790, they lodged a complaint with the commander-in-chief of Moscow

against the Jews who sell "foreign goods by lowering the current prices,

and thereby inflict very considerable damage upon the local trade." The

complainants point to the ancient tradition of the Muscovite Empire

excluding the Jews from its borders, and assure the authorities that

Jewish rivalry will throw the trade of Moscow into complete "disorder,"

and bring the Russian merchants to the verge of ruin.

The petition, which at bottom was directed not alone against the Jews,

but also against the interests of the Russian consumer, who was

exploited by the "real Russian" trade monopolists, found a sympathetic

echo in Government circles. Accordingly, in the autumn of the same year,

the Council of State, after considering the counter-petition of the Jews

asking to be enrolled in the merchant corporations of Smolensk and

Moscow, rendered the decision that it did not deem it expedient to grant

the Jews the right of free commerce in the inner Russian provinces,

because "their admission to it is not found to be of any benefit." A

year later this verdict was reaffirmed by an Imperial ukase issued on

December 23, 1791, to the effect that "the Jews have no right to enroll

in the merchant corporations in the inner Russian cities or ports of

entry, and are permitted to enjoy only the rights of townsmen and

burghers of White Russia." To mitigate the severity of this measure the

ukase "deemed it right to extend the said privilege beyond the White

Russian Government, to the vice-royalty of Yekaterinoslav and the region

of Tavrida," _i. e._ the recently annexed territory of New Russia, where

the Government was anxious to populate the lonely steppes.

In this way the first territorial ghetto, that of White Russia, was

established by law for the purpose of harboring the Jewish population

taken over from Poland. When again, two years later, the second

partition of Poland took place, the northwestern ghetto was increased by

the neighboring Government of Minsk and the southwestern

region--Volhynia with the greater part of the Kiev province and

Podolia. The ukase of June 23, 1794, conferred upon this enlarged Pale

of Settlement the sanction of the law. The Jews were granted the right

"to engage in the occupations of merchants and burghers in the

Governments of Minsk, Izyaslav (subsequently Volhynia), Bratzlav

(Podolia), Polotzk (now Vitebsk), Moghilev, Kiev, Chernigov,

Novgorod-Seversk, Yekaterinoslav, as well as in the region of Tavrida."

The ukase thus enlarges the former pale of Jewish settlement by

including Little Russia, or the portion of the Ukraina which had been

wrested from Poland as far back as 1654,[238]--in short, the territory

from which the Jews had been assiduously driven "beyond the border" in

the reign of the three Empresses preceding Catherine. The organic

connection of Little Russia with the portion of the Ukraina on the right

bank of the Dnieper which had just been annexed from Poland, left the

Russian Government no other choice than to allow the Jews who had lived

in those parts from time immemorial to remain there. Even the holy city

of Kiev opened its gates to the Jews. The Dnieper became thereby the

central river of the Jewish Pale of Settlement.

The third partition of Poland, in 1795, added to the Dnieper system that

of the Niemen, the territory of Lithuania, consisting of the Governments

of Grodno and Vilna.[239] This completed the process of formation of the

Pale of Settlement, at the end of the eighteenth century. As for Eastern

Russia, she was just as vigilantly on her guard against the penetration

of the Jewish element as she had been in the time of the ancient

Muscovite Empire.

The same ukase of 1794, which circumscribed the area of the Jewish

right of residence, laid down another fundamental discrimination, that

of taxation. The Jews, desirous of enrolling themselves in the

mercantile or burgher class in the cities, were to pay the instituted

taxes "doubly in comparison with those imposed on the burghers and

merchants of the Christian religion." Those Jews who refused to remain

in the cities on these conditions were to leave the Russian Empire after

paying a fine in the form of a double tax for three years. In this way

the Government exacted from the Jews, for the privilege of remaining in

their former places without the right of free transit in the Empire,

taxes twice as large as those of the Christian townspeople enjoying the

liberty of transit. This punitive tax did not relieve the Jews from the

special military assessment, which, by the ukases of 1794 and 1796, they

had to pay, like the Russian mercantile class in general, in exchange

for the personal discharge of military service.

It is interesting to observe that at the solicitation of Count Zubov,

the Governor-General of New Russia, the Karaites of the Government of

Tavrida were released from the double tax. They were also granted

permission to own estates, and were in general given equal rights with

the Christian population, "on the understanding, however, that the

community of Karaites should not be entered by the Jews known by the

name of Rabins (Rabbanites), concerning whom the laws enacted by us are

to be rigidly enforced" (ukase of June 8, 1795). Here the

national-religious motive of the anti-Jewish legislation crops out

unmistakably. The handful of Karaites, who had for centuries lived

apart from the Jewish nation and its spiritual possessions, were

declared to be more desirable citizens of the monarchy than the genuine

Jews, who were on the contrary to be cowed by repressive measures.

A decided bent in favor of such measures is manifested in the ukase of

1795, which prescribes that the Jews living in villages be registered in

the towns, and that "endeavors be made to transfer them to the District

towns, so that these people may not wander about, but may rather engage

in commerce and promote manufactures and handicrafts, thereby furthering

their own interests as well as the interests of society." The effect of

this ukase was to sanction by law the long-established arbitrary

practice of the local authorities, who frequently expelled the Jews from

the villages, and sent them to the towns under the pretext that Jews

could be enrolled only among the townsfolk. The expelled families,

deprived of all means of livelihood, were of course completely ruined,

as the mere bidding of the authorities did not suffice to enable them

"to engage in commerce and promote manufactures and handicrafts" in the

towns in which even the resident merchants and artisans failed to make a

living. The system of official tutelage had the effect of fettering

instead of developing the economic activity of the Jews.

Experiments were now made to extend this tutelage to the communal

self-government of the Jews. In 1795 the edict was repeated whereby the

Government and District Kahals, in view of the right, conferred upon the

Jews, of participating in the general city administration, in the

magistracies and town councils, were to be deprived of their social and

judicial functions, and not to be allowed "to concern themselves with

any affairs except the ceremonies of religion and divine service."[240]

As a matter of fact, the active participation of the Jews in the

municipalities, owing to the hostile attitude of the Christian burghers,

was extremely feeble. Yet, in the interest of the exchequer, the Kahals

were preserved for fiscal purposes, and, on account of their financial

usefulness, they continued to function as the organs of Jewish communal

autonomy, however curtailed and disorganized the latter had now become.

In this wise the restrictive legislation against the Jews appears firmly

established towards the end of the reign of Catherine II. A "Muscovite"

wall had been raised between the west and east of Russia, and even

within the circumscribed area of Jewish settlement the tendency was

discernible to mark off a still smaller area and, by forcing the Jews

out of the villages, to compress the Jewish masses in the towns and

cities. It fell to the lot of the successors of Catherine to consolidate

this tendency into law.

In conclusion, the historian cannot pass over in silence the solitary

"reform" of this period. In the legislative enactments of the last

decade of Catherine's reign the formerly current contemptuous

appellation "Zhyd" gave way to the name "Hebrew" (Yevrey).[241] The

Russian Government found it impossible to go beyond this verbal reform.

2. JEWISH LEGISLATIVE SCHEMES DURING THE REIGN OF PAUL I.

The brief reign of Paul I. (1796-1801) added nothing of moment to the

Russian legislation concerning the Jews. The law imposing a double tax

was confirmed, and also the other restrictions were left in force. The

area of Jewish settlement was increased by the newly-acquired Government

of Courland, on the outskirts of the Empire. In this Duchy, which was

annexed in 1795, there were several thousand Jewish inhabitants, who had

been "tolerated" as foreigners, after the German pattern, and had only

partly succeeded in forming a communal organization. The question now

arose as to the best way of collecting the taxes from the itinerant

chapmen who formed the bulk of the Jewish population, and were enrolled

neither among the rural nor the urban estates, and were not even

affiliated with Jewish communities. The Russian Government solved this

question in 1799, by placing the Jews of Courland in the same position

as their coreligionists in the other western Governments, and by

granting them the right of enrolling themselves among the mercantile or

burgher estates, as well as establishing their own Kahals. In this case

fiscal considerations were responsible for the organization of the

Jewish masses in the dominion of the German barons.

Having confined the Jewish population within the western pale, the

Government could not very well hamper its freedom of transit within that

pale, at least as far as moving from city to city was concerned. This

elementary right of free transit was resorted to by many Jews of

impoverished White Russia, who began to emigrate into the Little Russian

provinces, particularly into the Government of Novgorod-Seversk, later

the Government of Poltava, which were more prosperous, and less crowded

with Jews. The Government became aware of this internal transmigration,

and could not abstain from taking it under its fatherly protection.

Merchants were allowed to move unhampered from White Russia into Little

Russia. Burghers, however, were permitted to emigrate only on the

conditions applying to all persons of the taxable estates--they had to

obtain certificates of dismissal (December, 1796).

Poor as was the reign of Paul in the field of concrete legislation

concerning the Jews, it was rich in preliminary endeavors leading up to

it. For his reign abounds in all kinds of projects looking to the

regulation of the status of the Jews on the basis of official

"investigations." In the outgoing years of the eighteenth century

(1797-1800) the Government offices were feverishly busy in this

direction. The Government was endeavoring to familiarize itself with the

state of the former Polish provinces and particularly with the condition

of the Jewish population. The first step in this pursuit after knowledge

consisted in sending out a circular inquiry to the nobles and the higher

officials of the region under consideration. The stimulus to this

inquiry came in 1797, from a report submitted on account of the famine

which had been raging in the Government of Minsk. Governor Karnyeyev of

Minsk received orders from St. Petersburg to gather the opinions of the

local Marshals, or leaders of the nobility, and on that basis supply "an

elucidation of the causes of the impoverished condition of the

peasants," with plans looking to their amelioration.

The shrewd device of questioning the landed aristocrats as to the causes

of the impoverishment of their peasant serfs bore worthy fruit. Needless

to say, the Polish magnates who assembled in Minsk at the invitation of

the Government did not even for a moment think of reproaching themselves

and their own estate of slaveholders for the misery of the people

enthralled by them. Instead they preferred to put the blame partly on

external circumstances ("the changes and mutinies in the province," bad

crops, poor means of communication, etc.), and partly on the Jews, "whom

the owners [of the villages] retain as arendars and tavern-keepers,

contrary to the orders of the authorities restricting their domicile to

the cities." The Jewish tavern-keepers in the country, so the nobles

allege, "lure the peasants into drunkenness," by selling them spirits on

trust, and thereby "render them unfit to manage their affairs." In order

to save the peasants, the Government should insist "that the right of

distilling be open exclusively to the landowners, and be withheld from

the Jews as well as other arendars and tavern-keepers," and that in the

rural public houses "permission to sell hot wine [whiskey] be given only

to the squires." To put it in other words, the peasants will thrive and

be "fit to manage their affairs," if, instead of Jewish alcohol, they

will imbibe the aristocratic alcohol of the landed proprietors.

One need not be a statesman to discover the underlying motive of this

"opinion" of the nobles, who were concerned only about retaining the

ancient alcohol monopoly which they had enjoyed under the Polish

_régime_ ("the right of propination"). This, however, did not prevent

the Governor of Minsk from presenting the report of the nobility to the

Tzar, who on July 28, 1797, put down the following "resolution":[242]

"Measures are to be taken, in accordance with the proposals of the

marshals of the nobility, to restrict the rights of the Jews who ruin

the peasants." At the same time the Senate called the Governor's

attention to Catherine's ukase ordering the transfer of the Jews to the

District towns, "so that these people may not wander to and fro to the

detriment of society." This was tantamount to giving the authorities

_carte blanche_ in expelling the Jews from the villages.

In 1798 came the turn of the nobility of the Southwest, of Volhynia and

Podolia, to state their wishes for the benefit of the fatherland. The

marshals of Podolia, who met at Kamenetz, elaborated a much more

comprehensive scheme of reform than their compeers in Minsk. After

expressing their gratitude to the Tzar "for his Imperial benevolence in

leaving us the franchise of liquor-dealing," the nobles plead that

"neither the right of distilling nor that of selling liquor be let to

Jews or even to Christians," and that the nobles themselves be granted

the "liberty" of employing people in their "public houses at their own

discretion." After securing the monopoly of intoxicating the people

through their own bartenders, the nobles propose to transform the bulk

of the Jews into export agents, to find foreign markets for the

agrarian, _i. e._ manorial, products, "whence commercial profits will

accrue both to the tillers of the soil (?!) and to the nobles." As for

the other Jews, part of them were to be retained by the landowners in

their public houses, and the rest were "to be forced to engage in

agriculture and handicrafts."

This brilliant prospect of becoming the tools of the nobles for the

disposal of rural products and the sale of manorial alcohol had

evidently little fascination for the Jews themselves. Alarmed by these

aristocratic designs, they held a consultation, and even called a

conference of delegates. The conference met in Ostrog (Volhynia) in the

summer of 1798, and decided to collect a fund and send a deputation to

St. Petersburg, to lay before the Tzar the needs and wishes of the Jews

of the Southwest, whom the Government had entirely forgotten to ask how

they themselves would like to have their affairs arranged. Unfortunately

the Governor-General of the Southwest, Count Gudovich, "got wind" of

these preparations. Far-sighted statesman that he was, he immediately

suspected "that this collection [of money for the deputation] might

merely serve as a cover for some wicked Jewish design." He accordingly

confiscated the funds already secured, forbade all further collections,

and hastened to report his achievement to St. Petersburg. To his

astonishment, the overzealous Governor-General received the chilling

reply, that the Tzar found nothing criminal in the desire of the Jews to

send a deputation to him. At the same time he was instructed to return

the confiscated money and not to interfere with the sending of the

deputation (September, 1798). Whether the deputation actually proceeded

to the capital, and what it achieved, is unknown. But the occurrence in

itself bears witness to the fact that even in that unenlightened epoch

and in the secluded Hasidic environment of Volhynia and Podolia, the

Jews were not altogether insensible of the political and social

upheavals which were taking place in Russia.

The last to respond to the Governmental inquiry was the nobility of

Lithuania. The marshals of the nineteen Lithuanian districts, who met in

1800, submitted their "opinion," which had been adopted with only three

dissenting votes, to Friesel, the Governor of Vilna. The three opposing

marshals suggested leaving the Jews in the condition which had prevailed

under the Polish _régime_. All the others drafted a plan of Jewish

"reform," which was even more radical than that of the nobles of Minsk

and Podolia. The Jews were to be barred not only from distilling and

keeping taverns of their own, but also from the sale of spirits in the

manorial public houses. The Jewish rural population, which would thus be

deprived of all means of subsistence, was to be transferred partly to

the cities, partly "to be scattered over the crown and manorial

settlements, where they might be allowed to grow corn and to mortgage

and farm estates." The economic reform was to be supplemented by one

affecting the inner life of the Jews. It was necessary "to abolish the

Jewish costume and introduce among the Jews the form of dress customary

among the other inhabitants." Altogether the separateness of the Jews

was to be broken down, for "they constitute a people by themselves, and

as such have their own administration ... in the form of synagogues and

Kahals, which not only arrogate to themselves spiritual authority, but

also meddle in all civil affairs and in matters appertaining to the

police." These measures would bring about the amalgamation of the Jews

with the surrounding population.

The "reformatory" ardor of the Lithuanian nobles, who thought it

necessary to bracket the problem of Kahal autonomy with the sale of

alcohol, was the effect of outside interference. Friesel, the Governor

of Vilna, who was a cultivated German, and as such was acquainted with

the state of the Jewish problem in Germany, found it necessary to

address himself to the Lithuanian marshals twice, their first statement

having been found "unsatisfactory." Only a second revision of the views

of the nobles, which included the plan of inner reforms, satisfied

Friesel. In April, 1800, Friesel forwarded these recommendations to the

Senate, accompanying them by his own comprehensive memorandum, which to

a large extent was obviously based on Chatzki's and Butrymovich's

projects submitted some ten years previously to the "Jewish Commission"

of the Quadrennial Diet.

Friesel urges the necessity of a "general reform," and professes to take

Western Europe as a model, but all he adopted thence was the most

objectionable tactics of "enlightened absolutism." In his opinion "the

education of the Jewish people must begin with their religion." It is

necessary "to wipe out all Jewish sects with their superstitions and to

forbid strictly the introduction of any innovations whereby impostors

might seduce the masses and plunge them into ever greater ignorance," a

veiled allusion to the Hasidim and in particular to their Tzaddiks,

whose strife with the anti-Hasidic rabbis was engaging the attention of

the Russian Government at the time. He further recommends that the Jews

be forced to send their children to the Government schools, to conduct

all their business in Polish, to wear the customary non-Jewish form of

dress, and not to marry before the age of twenty. Finally the Jews are

to be classified in three categories, merchants, artisans, and tillers

of the soil, these three estates to form part of the general class

stratification of the Empire. In this way the fiscal services of the

Kahals could be dispensed with, and the Kahals themselves would pass out

of existence automatically.

The suggestions of the leaders of the nobility as well as the proposals

of the governors were turned over in the spring of 1800 to the Senate,

whose function was to examine and utilize them for a new legal enactment

or "statute." Here they happened to fall into the hands of one of the

Senators, Gabriel Dyerzhavin, the celebrated Russian poet, who by the

whim of fate was soon to blossom forth into a "specialist" _in rebus

Judaicis_.

3. DYERZHAVIN'S "OPINION" ON THE JEWISH PROBLEM

Dyerzhavin was born in one of the remote eastern provinces of Russia,

and spent the greater part of his life in the Government offices of St.

Petersburg. He had never come in contact with the Jewish population,

until, in 1799, he was dispatched to the little town of Shklov in White

Russia, to look into the case of the owner of the town, a retired

general by the name of Zorich. The latter had been one of the favorites

of Catherine, and lived the fast and extravagant life of a Russian

country squire in the town which was his private property. His typically

Russian devil-may-care conduct was not calculated to spare the large

Jewish population of the town. Zorich evidently fancied that the Jews

living on his land were just as much his serfs as were the peasants, and

he handled them in the way serfs were dealt with in those days. He

expelled several of them from the town, and seized their houses. Others

he beat with his own hands, and still others he forced to supply him

with drink free of charge. The Jews appealed to the Government against

this attempt to turn them into serfs, and it was in response to their

appeal that Emperor Paul dispatched Senator Dyerzhavin, with

instructions to curb the violence of the boisterous squire. Dyerzhavin,

who was imbued with the spirit of serfdom, could not but take a mild

view of the high-handed methods of Zorich, and came to the conclusion

that the Jews were partly to blame for the disorders that had taken

place. The death of Zorich in 1800 put a stop to the case, but

theoretically the Senate decided that, according to Russian law, the

Jews, by virtue of their being members of the merchant and burgher

class, could not be regarded as serfs even in the towns and settlements

owned by squires.

A year later Dyerzhavin was again dispatched to White Russia, this time

invested with very large powers. The province was in the throes of a

terrible famine, brought about not only by bad crops but also by the

outrageous conduct of the landed proprietors. These gentlemen, instead

of supplying their peasants with foodstuffs, preferred to send large

quantities of grain either abroad, for sale, or into their distilleries,

for the production of whiskey, which, instead of feeding the peasants,

poisoned them. In dispatching Dyerzhavin to White Russia, Emperor Paul

gave him full power to put a stop to these abuses and to inflict severe

penalties on the squires, who, "moved by unexampled greed, leave their

peasants without assistance." They were to be dispossessed, and their

estates placed under state control (June 16, 1800). In a supplementary

instruction added by the Procurator-General of the Senate, Obolanin, the

following clause was added: "And whereas, according to information

received, the exhaustion of the White Russian peasants is to a rather

considerable extent caused by the Zhyds, it is his Majesty's wish that

your Excellency may give particular attention to their part in it and

submit an opinion how to avert the general damage inflicted by them."

This unmistakably anti-Semitic postscript, to which Dyerzhavin was in

all likelihood a party, to which at all events he gave his approval, was

designed to mitigate the blow aimed at the squires and turn it against

the Jews. The conspiracy of these two bureaucrats, who believed in

serfdom and sided with the squires, put an altogether different

complexion on Dyerzhavin's mission.

The pacification of White Russia was speedily accomplished. Dyerzhavin

placed the estate of one Polish magnate under state control, and

personally closed up a Jewish distillery in the town of Lozno, the

residence of the famous Hasidic Tzaddik, Rabbi Zalman Shneorsohn. He

proceeded with such energy that one Jewish woman complained of having

received blows at his hands. After having "installed order," Dyerzhavin

set out to do what he considered to be his main task--prepare an

elaborate memorandum concerning the Jews, under the characteristic

title, "Opinion of Senator Dyerzhavin Concerning the Averting of the

Want of Foodstuffs in White Russia by Curbing the Avaricious Pursuits of

the Jews, also Concerning Their Re-education, and Other Matters."

The very title betrays the underlying motive of the writer, to make the

Jews the scapegoat for the economic ruin of the province, in which the

squires had always been the masters of the situation. But Dyerzhavin did

not confine himself to the evaluation of the economic activity of the

Jews. He was no less anxious to depict their inner life, their beliefs,

their training and education, their communal institutions, their "moral

situation." For all these purposes he drew upon a multitude of sources.

While writing his memorandum in Vitebsk, in the fall of 1800, he

gathered information about the Jews from the local anti-Jewish merchants

and burghers, and from the "scientific" instructors at the Jesuit

College in the same city, in the court-houses, and--from "the very

Cossacks themselves."

It must be added that Dyerzhavin also had in his possession two projects

from the pen of "enlightened Jews." The author of one of them, Nota

Shklover by name, a wealthy merchant, who had served as purveyor to

Potemkin's army, and, living at that time in St. Petersburg, knew the

drift of opinion in Government circles, proposed to attract the Jews to

manufacturing, which should be introduced, in connection with

agriculture and cattle-breeding, into colonies set apart for this

purpose "in the neighborhood of the Black Sea ports." The originator of

the second project, a physician from Kreslavka, in the Government of

Vitebsk, by the name of Frank,--evidently a German Jew of the

Mendelssohnian type--suggested that the Government through Dyerzhavin

focus its attention on the reform of the Jewish religion, which "in its

original purity rested on unadulterated Deism and the postulates of pure

morality," but in the course of time was distorted by "the absurdities

of the Talmud." Frank accordingly proposes to follow the example set by

Mendelssohn in Germany, to throw open the Russian public schools to the

Jews, and to teach their children Russian, German, and Hebrew, implying

of course that the Jew thus educated will not fail to prove himself of

unquestionable benefit to the country.

Aside from these projects, Dyerzhavin had before him specimens of

several Prussian _Juden-Reglements_, as well as the recommendations of

the marshals and governors of Western Russia referred to above, and

similar documents.[243] This material sufficed for the Russian official,

who had caught no more than a fleeting glimpse of the Jews while passing

through White Russia, to elaborate a most comprehensive "Opinion"

demanding a complete transformation of Jewish life.

The somber picture which Dyerzhavin draws of the life of the Jews

suffices to show how superficial was his acquaintance with the

conditions he describes. The _naïveté_ with which he judges and

completely distorts many aspects of Jewish life is astounding. The

economic pursuits of the Jews, such as trading, leasing of land,

innkeeping, brokerage, are nothing but "subtle devices to squeeze out

the wealth of their neighbors, under the guise of offering them benefits

and favors." The Jewish school is "a hotbed of superstitions." Moral

sentiments are entirely absent among Jews: "they have no conception of

lovingkindness, disinterestedness, and other virtues." All they do is

"to collect riches in order to erect a new temple of Solomon or [to

satisfy] their fleshly desires."

This curious bit of characterization forms the preamble to a vast

scheme, consisting of no less than eighty-eight clauses, looking to the

"transformation of the Jews." The Jews are to be placed under "Supreme

[_i. e._ Imperial] protection and tutelage" and to be supervised by a

special Christian official, a "Protector," who, with the assistance of

committees to be appointed by the gubernatorial administrations, shall

carry out this work of "transformation," shall take a census of all the

Jews, and provide them with family names. Thereupon the Jews shall be

divided into four categories: merchants, urban burghers, rural burghers,

and agricultural settlers, and every Jew shall be forced to register in

one of these categories. All this mass of Jews is to be evenly

distributed over the various parts of White Russia, and the surplus

transferred to the other Governments.

This reform having been accomplished, the Kahals shall be dispensed

with. To provide for the management of the spiritual affairs of the

Jews, "synagogues," with rabbis and "schoolmen," are to be organized in

the various Governments. A supreme ecclesiastic tribunal is to be

established at St. Petersburg, under the name "Sendarin,"[244] which

shall be presided over by a chief rabbi, or "patriarch," after the

pattern of the Mohammedan mufti of the Tatars.

Suggestions of various repressive and compulsory measures supplement

these positive proposals. The Jews are to be forbidden to keep Christian

domestics; they are to be deprived of their right of participating in

the city magistracies; they are to be compelled to give up their

distinct form of dress and to execute all deeds and business documents

in Russian, Polish, or German. The children shall be allowed to go to

the Jewish religious schools only up to the age of twelve, and shall

afterwards be transferred to the secular schools of the state. Finally

the author proposes that the Government establish a printing-office of

its own, to publish Jewish religious books "with philosophic

annotations." In this way, Dyerzhavin contends, will "the stubborn and

cunning tribe of Hebrews be properly set to rights," and Emperor Paul,

by carrying out this reform, will earn great fame for having fulfilled

the commandment of the Gospels, "Love your enemies, bless them that

curse you, do good to them that hate you."

Such is Dyerzhavin's project, a curious mixture of the savage fancies of

an old-fashioned Muscovite about an unfamiliar historic culture on the

one hand, and notions of reform conceived in the contemporary Prussian

barrack spirit and various "philosophic" tendencies on the other hand, a

medley of hereditary Jew-hatred, vague appreciation of the historic

tragedy of Judaism, and the desire to "render the Jews useful to the

state."[245] And over it all hovers the spirit of official patronage and

red-tape regulations, the curious notion that a people with an ancient

culture can, at the mere bidding of an outside agency, change its

position like figures on a chess-board, that strange faith in the saving

power of _mechanical_ reforms which prevailed, though in less naïve

manifestations, also in Western Europe.

Dyerzhavin's "Opinion" was laid before the Senate in December, 1800, and

together with the previously submitted recommendations of the

West-Russian marshals and governors was to supply the material for an

organic legal enactment concerning the Jews.

But the execution of this plan was not destined to take place during the

reign of Paul. In March, 1801, the Tzar met his tragic fate, and the

cause of "Jewish reform" entered into a new phase, a phase characterized

by the struggle between the liberal tendencies prevalent at the

beginning of Alexander I.'s reign and the retrograde views held by the

champions of Old Poland and Old Russia.

FOOTNOTES:

[234] [In 1766 Catherine convened a Commission, consisting of

representatives of the various estates, for the purpose of elaborating a

new Russian code of laws. As a guide for this Commission Catherine wrote

her famous "Instructions" (in Russian _Nakaz_), outlining the principles

of government, largely in the spirit of Montesquieu.]

[235] [This law laid the foundation for the division of the Russian

Empire into "Governments," in Russian _gubernia_ (the English term is a

reproduction of the French _gouvernement_). The chief of a Government is

called Governor, in Russian, _Gubernator_. There are also a few

Governors-General, in Russian, _Gheneral-Gubernator_, placed over

several Governments, mostly on the borders of the Empire.]

[236] [According to this new law, the city population is divided into

merchants, burghers, and artisans. The burghers--in Russian (also in

Polish, see above, p. 44, n. 2), _myeshchanye_--are placed below the

merchants. The former are those possessing less than 500 rubels ($250);

they have to pay the head-tax and are subject to corporal punishment.

The merchants are those who have a larger capital, and are privileged in

the two directions indicated. The artisans are organized in their

trade-unions. Each estate is registered and administered separately.]

[237] [See p. 320, n. 2.]

[238] It consisted of the Governments of Chernigov and Novgorod-Seversk

(subsequently Poltava) and a part of the Government of Kiev.

[239] [The present Government of Kovno was constituted as late as 1872.

Its territory was up till then included in the Government of Vilna.]

[240] This was in direct violation of the pledge given by the Russian

Government at the occupation of the Polish provinces. As recently as in

January of the same year (1795) the Lithuanian Governor-General Repnin

had replied to the application of the Lithuanian Jews, who pleaded for

the maintenance of the Kahal tribunal, that the Jews "may retain the

same rights they had been enjoying prior to the last [Polish] mutiny [of

1794]."

[241] [_Zhyd_, originally the Slavic form of the Latin _Judaeus_, has

assumed in Russian a derogatory connotation. It is interesting to note

that in Polish the same word has no unpleasant meaning, although in

polite speech other terms are used.]

[242] [See p. 253, n. 1; for "propination" see p. 67, n. 2.]

[243] Dyerzhavin's statement, that he had "borrowed his principal ideas

from Prussian institutions," refers in all likelihood to the well-known

Prussian _Juden-Reglement für Süd- und-Neuostpreussen_ of 1797, which

was at that time operative in the whole of Prussian Poland. There are

numerous points of contact between Dyerzhavin's project and the Prussian

enactment. The latter may be found in the work of Rönne and Simon,

_Verhältnisse der Juden in den sämmtlichen Landestheilen des

preussischen Staates_, ed. 1843, pp. 281-302.

[244] This is the way Dyerzhavin spells the word Synhedrion, or

Sanhedrin, which he evidently had picked up casually.

[245] The following sentence in Dyerzhavin's "Opinion" is typical of

this mixture of medieval notions with the new system of "enlightened

patronage": "Inasmuch as Supreme Providence, in order to attain its

unknown ends, leaves this people, despite its dangerous characteristics,

on the face of the earth, and refrains from destroying it, the

Governments under whose scepter it takes refuge must also suffer it to

live; assisting the decree of destiny, they are in duty bound to extend

their patronage even to the Jews, but in such wise that they [the Jews]

may prove useful both to themselves and to the people in whose midst

they are settled."

History of the Jews in Russia and Poland, Volume 1 [of 3] From the Beginning until the Death of Alexander I (1825) · 第 9 / 12 章