CHAPTER XVIII

THE ERA OF REFORMS UNDER ALEXANDER II.

1. THE ABOLITION OF JUVENILE CONSCRIPTION

When after the Crimean War, which had exposed the rottenness of the old

order of things, a fresh current of air swept through the atmosphere of

Russia, and the liberation of the peasantry and other great reforms were

coming to fruition, the Jewish problem, too, was in line of being placed

in the forefront of these reforms. For, after having done away with the

institution of serfdom, the State was consistently bound to liberate its

three million of Jewish serfs who had been ruthlessly oppressed and

persecuted during the old régime.

Unfortunately the Jewish question, which was nothing more nor less than

the question of equal citizenship for the Jews, was not placed in the

line of the great reforms, but was pushed to the rear and solved

fragmentarily--on the instalment plan, as it were--and within narrowly

circumscribed limits. Like all the other officially inspired reforms of

that period, which proceeded up to a certain point and halted before the

prohibited zone of constitutional and political liberties, so, too, the

solution of the Jewish problem was not allowed to pass beyond the

border-line. For the crossing of that line would have rendered the whole

question null and void by the simple recognition of the equality of all

citizens. The regenerated Russia of Alexander II., stubborn in its

refusal of political freedom and civil equality, could only choose the

path of half-measures. Nevertheless, the transition from the

pre-reformatory order of things to the new state of affairs signified a

radical departure both in the life of Russia in general and in Jewish

life in particular. It did so not because the new conditions were

perfect, but because the old ones were so inexpressibly ugly and

unbearable, and the mere loosening of the chains of servitude was hailed

as a pledge of complete liberation.

Far more intense than in the political life of Russia was the crisis in

its social life. While a chilling wind was still blowing from the wintry

heights of Russian officialdom, while a grim censorship was still

holding down the flight of the printed word, the released social energy

was whirling and swirling in all classes of Russian society, sometimes

breaking the fetters of police restraint. The outbursts of young Russia

ran far ahead of the slow progress of the reforms inspired from above.

It blazed the path for political freedom which the West of Europe had

long traversed, and which was to prove in Russia tortuous and thorny.

The phase of Jewish life which claimed the first thought of Alexander

II.'s Government was the military conscription. Prior to the conclusion

of the Crimean War, the Committee on Jewish Affairs [1] called the

Tzar's attention to the necessity of modifying the method of Jewish

conscription, with its fiendish contrivances of seizing juvenile

cantonists and enlisting "penal" and "captive" recruits. Nevertheless

the removal of this crying evil was postponed for a year, until the

promulgation of the Coronation Manifesto [2] of August 26, 1856, when it

was granted as an act of grace.

[Footnote 1: See above, p. 49.]

[Footnote 2: On the meaning of Manifesto see later, p. 246, n. 1.]

Prompted by the desire--the Manifesto reads--of making it easier for

the Jews to discharge their military duty and of averting the

inconveniences attached thereto, we command as follows:

1. Recruits from among the Jews are to be drafted in the same way as

from among the other estates, primarily from among those unsettled

and not engaged in productive labor. [1] Only in default of

able-bodied men among these, the shortage is to be made up from

among the category of Jews who by reason of their engaging in

productive labor are recognized as useful.

2. The drafting of recruits from among other estates and of those

under age is to be repealed.

3. In regard to the making up of the shortage of recruits, the

general laws are to be applied, and the exaction of recruits from

Jewish communities as a penalty for arrears is to be repealed.

4. The temporary rules, enacted by way of experiment in 1853,

granting Jewish communities and Jewish individuals the right of

presenting as recruits in their own stead coreligionists seized

without passports [2] are to be repealed.

[Footnote 1: See on these designations pp. 64 and 142.]

[Footnote 2: See above, p. 148 et seq.]

The abolition of juvenile conscription followed automatically upon the

annulment, by virtue of the same Coronation Manifesto, of the general

Russian institution of "cantonists" and "soldier children," who were now

ordered to be returned to their parents and relatives. Only in the case

of the Jews a rider was attached to the effect that those Jewish

children who had embraced Christianity during their term of military

service should not be allowed to go back to their parents and relatives,

if the latter remained in their old faith, and should be placed

exclusively in Christian families.

The Coronation Manifesto of 1856 marks the end of the recruiting

inquisition, which had lasted for nearly thirty years, adding a unique

page to the annals of Jewish martyrdom. In the matter of conscription,

at least, the Jews were, in a certain measure, granted equal rights. The

operation of the general statute concerning military service was

extended to them, with a few limitations which were the heritage of the

past. The old plan of the "assortment of the Jews" is reflected in the

clause of the Manifesto, providing for increased conscription from among

"those unsettled and not engaged in productive labor," i.e., of the mass

of the proletariat, as distinct from the more or less well-to-do

classes. Nor was the old historic crime made good: the Jewish cantonists

who had been forcibly converted to the Greek-Orthodox faith were not

allowed to return to their kindred. As heretofore, baptism remained a

_conditio sine qua non_ for the advancement of a Jewish soldier, and

only in 1861 was permission given to promote a Jewish private to the

rank of a sergeant for general merit, without special distinction on the

battlefield which had been formerly required. Beyond this rank no Jew

could hope to advance.

2. "HOMEOPATHIC" EMANCIPATION AND THE POLICY OF "FUSION"

Following upon the removal of the "black stain" of conscription came the

question of lightening the "yoke of slavery," that heavy burden of

rightlessness which pressed so grievously upon the outcasts of the

Jewish Pale. Already in March, 1856, Count Kiselev, a semi-liberal

official and formerly the president of the "Jewish Committee" which had

been appointed in 1840 [1] and which was composed of the heads of the

various ministries, submitted a memorandum to Alexander II. in which he

took occasion to point out that "the attainment of the goal indicated in

the imperial ukase of 1840, that of bringing about the fusion of the

Jews with the general population, is hampered by various provisionally

enacted restrictions which, when taken in conjunction with the general

laws, contain contradictions and engender confusion."

[Footnote 1: See above, p. 49 et seq.]

The result was an imperial order, dated March 31, 1856, "to revise all

existing regulations affecting the Jews so as to bring them into harmony

with the general policy of fusing this people with the original

inhabitants, as far as the moral status of the Jews may render it

possible." The same ministers who had taken part in the labors of the

Jewish Committee were instructed to draft a plan looking to the

modification of the laws affecting the Jews and to submit their

suggestions to the Tzar.

In this way the inception of the new reign was marked by a

characteristic slogan: the fusion of the Jews with the Russian people,

to be promoted by alleviations in their legal status. The way leading to

this "fusion" was, in the judgment of Russian officialdom, blocked by

the historic unity of the Jewish nation, a unity which in governmental

phraseology was styled "Jewish separatism" and interpreted as the effect

of the inferior "moral status" of the Jews. At the same time it was

implied that Jews with better "morals," i.e., those who have shown a

leaning toward Russification, might be accorded special legal advantages

over their retrograde coreligionists.

From that moment the bureaucratic circles of St. Petersburg became

obsessed with the idea of picking out special groups from among the

Jewish population, distinguished by financial or educational

qualifications, for the purpose of bestowing upon them certain rights

and privileges. It was the old coin--Nicholas' idea of the "assortment"

of the Jews--with a new legend stamped upon it. Formerly it had been

intended to penalize the "useless" or "unsettled burghers" by

intensifying their rightlessness; now this plan gave way to the policy

of rewarding the "useful" elements by enlarging their rights or reducing

their rightlessness. The objectionable principle upon which this whole

system was founded, the division of a people into categories of

favorites and outcasts, remained in full force. There was only a

difference in degree: the threat of legal restrictions for the

disobedient was replaced by holding out promises of legal alleviations

for the obedient.

A small group of influential Jewish merchants in St. Petersburg, which

stood in close relations to the highest official spheres, the purveyor

and banker Baron Joseph Yozel Günzburg [1] and others, seized eagerly

upon this idea which bade fair to shower privileges upon the well-to-do

classes. In June, 1856, this group addressed a petition to Alexander

II., complaining about the disabilities which weighed so heavily upon

all Jews, "from the artisan to the first guild merchant, from the

private soldier to the Master of Arts, and forced them down to the level

of a degraded, suspected, untolerated tribe." At the same time they

assured the Tzar that, were the Government to give a certain amount of

encouragement to the Jews, the latter would gladly meet it half-way and

help in the realization of its policy to draw the Jews nearer to the

original inhabitants and turn them in the direction of productive labor.

[Footnote 1: Popularly known by his middle name as _Yozel_.]

Were--the petitioners declare--the new generation which has been

brought up in the spirit and under the control of the Government,

were the higher mercantile class which for many years has diffused

life, activity, and wealth in the land, were the conscientious

artisans who earn their bread in the sweat of their brow, to receive

from the Government, as a mark of distinction, larger rights than

those who have done nothing to attest their well-meaningness,

usefulness, and industry, then the whole Jewish people, seeing that

these few favored ones are the object of the Government's

righteousness and benevolence and models of what it desires the Jews

to become, would joyfully hasten to attain the goal marked out by

the Government. Our present petition, therefore, is to the effect

that our gracious sovereign may bestow his kindness upon us, and, by

distinguishing the grain from the chaff, may be pleased to accord a

few moderate privileges to the most educated among us, to wit:

1. "Equal rights with the other (Russian) subjects or with the

Karaite Jews [1] to the educated and well-deserving Jews who possess

the title of Honorary Citizens, to the merchants affiliated for a

number of years with the first or second guild and distinguished by

their business integrity, to the soldiers who have served

irreproachably in the army."

2. The right of residence outside the Pale of Settlement "to the

best among the artisans" who possess laudatory certificates from the

trade-unions. The privileges thus accorded to "the best among us"

will help to realize the consummation of the Government "that the

sharply marked traits which distinguish the Jews from the native

Russians should be levelled, and that the Jews should in their way

of thinking and acting become akin to the latter." Once placed

outside their secluded "Pale," the Jews "will succeed in adopting

from the genuine Russians the praise-worthy qualities, by which they

are distinguished, and the striving for culture and useful endeavor

will become universal."

[Footnote 1: On the emancipation of the Karaites see Vol. I, p. 318.]

The petition reflects the humiliating attitude of men who were standing

on the boundary line between slavery and freedom, whose cast of mind had

been formed under the régime of oppression and caprice. Pointing to the

example of the West where the bestowal of equal rights had contributed

to the success of Jewish assimilation, the St. Petersburg petitioners

were not even courageous enough to demand equal rights as the price of

assimilation, and professed, perhaps from diplomatic considerations, to

content themselves with miserable crumbs of rights and privileges for

"the best among us." They failed to realize the meanness of their

suggestion to divide a nation into best and worst, into those worthy of

a human existence and those unworthy of it.

3. THE EXTENSION OF THE RIGHT OF RESIDENCE

After some wavering, the Government decided to adopt the method of

"picking" the best. The intention of the authorities was to apply the

gradual relaxation of Jewish rightlessness not to groups of

restrictions, but to groups of persons. The Government entered upon the

scheme of abolishing or alleviating certain restrictions not for the

whole Jewish population but merely for a few "useful" sections within

it. Three such sections were marked off from the rest: merchants of the

first guild, university graduates, and incorporated artisans.

The resuscitated "Committee for the Amelioration of the Jews" [1]

displayed an intense activity during that period (1856-1863). For fully

two years (1857-1859) the question of granting the right of permanent

residence in the interior governments to merchants of the first guild

occupied the attention of that Committee and of the Council of State.

The Committee had originally proposed to restrict this privilege by

imposing a series of exceedingly onerous conditions. Thus, the merchants

intending to settle in the Russian interior were to be required to have

belonged to the first guild within the Pale for ten years previously,

and they were to be allowed to leave the Pale only after securing in

each case a permit from the Ministers of the Interior and of Finance.

But the Council of State found that, circumscribed in this manner, the

privilege would benefit only a negligible fraction of the Jewish

merchant class--there were altogether one hundred and eight Jewish

first-guild merchants within the Pale--and, therefore, considered it

necessary to reduce the requirements for settling in the interior.

[Footnote 1: Compare above, p. 49.]

A long succession of meetings of this august body was taken up with the

perplexing problem how to attract big Jewish capital into the central

governments and at the same time safeguard the latter against the

excessive influx of Jews, who, for the sake of settling there, would

register in the first guild and, under the disguise of relatives, would

bring with them, as one of the members of the Council put it, "the whole

tribe of Israel." After protracted discussions, a resolution was adopted

which was in substance as follows:

The Jewish merchants who have belonged to the first guild for not

less than two years prior to the issuance of the present law shall

be permitted to settle permanently in the interior governments,

accompanied by their families and a limited number of servants and

clerks. These merchants shall be entitled to live and trade on equal

terms with the Russian merchants, with the proviso that, after the

settlement, they shall continue their membership in the first guild

as well as their payment of the appertaining membership dues for no

less than ten years, failing which they shall be sent back into the

Pale. Big Jewish merchants and bankers from abroad, "noted for their

social position," shall be allowed to trade in Russia under a

special permit to be secured in each case from the Ministers of the

Interior and of Finance.

The resolution of the Council of State was sanctioned by the Tzar on

March 16, 1859, and thus became law.

In this manner the way was opened for big Jewish capital to enter the

two Russian capitals and the tabooed interior. The advent of the big

capitalists was followed by the influx of their less fortunate brethren,

who, driven by material want from the Pale, were forced to seek new

domiciles, and in the shape of first guild dues paid for many years a

heavy toll for their right of residence and commerce. The position of

these merchants offers numerous points of contact with the status of the

"tolerated" Jewish merchants in Vienna and Lower Austria prior to 1848.

Toleration having been granted to the Jews with a proper financial

status, the Government proceeded to extend the same treatment to persons

with educational qualifications. The latter class was the subject of

protracted debates in the Jewish Committee as well as in the Ministries

and in the Council of State. As early as in 1857 the Minister of Public

Instruction Norov had submitted a memorandum to the Jewish Committee in

which he argued that "religious fanaticism and prejudice among the Jews"

could only be exterminated by inducing the Jewish youth to enter the

general educational establishments, "which end can only be obtained by

enlarging their civil rights and by offering them material advantages."

Accordingly, Norov suggested that the right of residence in the whole

Russian Empire should be granted to the graduates of the higher and

secondary educational institutions. [1] Those Jews who should have

failed to attend school were to be restricted in their right of entering

the mercantile guilds. The Jewish Committee refused to limit the rights

of those who did not attend the general schools, and proposed, instead,

as a bait for the Jews who shunned secular education, to confer special

privileges in the discharge of military service upon those Jews who had

attended the _gymnazia_ [2] or even the Russian district schools, [3] or

the Jewish Crown schools, [4] more exactly, to grant them the right of

buying themselves off from conscription by the payment of one hundred to

two hundred rubles (1859). But the Military Department vetoed this

proposal on the ground that education would thus bestow privileges upon

Jews which were denied even to Christians. The suggestion, relating to

military privileges was therefore abandoned, and the promotion of

education among Jews reduced itself to an extension of the right of

residence.

[Footnote 1: The latter category comprises primarily the _gymnazia_ (see

next note) in which the classic languages are taught, and the so-called

_real gymnazia_ in which emphasis is laid on science. The higher

educational institutions, or the institutions of higher learning, are

the universities and the professional schools, on which see next page,

n. 4.]

[Footnote 2: The name applies on the European continent to secondary

schools. A Russian _gymnazia_ (and similarly a German _gymnazium_) has

an eight years' course. Its curriculum corresponds roughly to a combined

high school and college course in America.]

[Footnote 3: _i.e._, schools found in the capitals of districts (or

counties), preparatory to the _gymnazia._]

[Footnote 4: See above, p.58 and below, p.174.]

In this connection the Jewish Committee warmly debated the question as

to whether the right of residence outside the Pale should be accorded to

graduates of the higher and secondary educational institutions, or only

to those of the higher. The Ministers of the Interior and Public

Instruction (Lanskoy and Kovalevski) advocated the former more liberal

interpretation. But the majority of the Committee members, acting "in

the interests of a graduated emancipation," rejected the idea of

bestowing the universal right of residence upon the graduates of

_gymnazia_, and _lyceums_ and even upon those of universities and other

institutions of higher learning, [1] with the exception of those who had

received a learned degree, Doctor, Magister, or Candidate. [2] The

Committee was willing, on the other hand, to permit the possessors of a

learned degree not only to settle in the interior but also to enter the

civil service. The Jewish university graduate was thus expected to

submit a scholarly paper or even a doctor dissertation for two purposes,

for procuring the right of residence in some Siberian locality and for

the right of serving the State. Particular "circumspection" was

recommended by the Committee with reference to Jewish medical men: a

Jewish physician, without the degree of M.D., was not to be permitted to

pass beyond the Pale.

[Footnote 1: Such as technological, veterinary, dental, and other

professional schools, which are independent of the universities.]

[Footnote 2: _Magister_ in Russia corresponds roughly to the same title

in England and America. It is inferior to the doctor degree and precedes

it. _Candidate_ is a title, now mostly abolished, given to the best

university students who have completed their course and have presented a

scholarly paper, without having passed the full examination.]

In this shape the question was submitted to the Council of State in

1861. Here opinions were evenly divided. Twenty members advocated the

necessity of "bestowing" the right of residence not only on graduates of

universities but also of _gymnazia_, advancing the argument that even in

the case of a Jewish _gymnazist_ [1] "it is in all likelihood to be

presumed that the gross superstitions and prejudices which hinder the

association of the Jews with the original population of the Empire will

be, if not entirely eradicated, at least considerably weakened, and a

further sojourn among Christians will contribute toward the ultimate

extermination of these sinister prejudices which stand in the way of

every moral improvement."

[Footnote 1: _i.e._, the pupil of a _gymnazium_.]

Such was the opinion of the "liberal" half of the Council of State. The

conservative half argued differently. Only those Jews deserve the right

of residence who have received "an education such as may serve as a

pledge of their having renounced the errors of fanaticism. "The wise

measures adopted" as a precaution against the influx of Jews into the

interior governments" would lose their efficacy, "were permission to

settle all over Russia to be granted suddenly to all Jews who have for a

short term attended a _gymnazium_ in the Western and South-western

region, for no other purpose, to be sure, than that of pursuing on a

larger scale their illicit trades and other harmful occupations." Hence

only Jews with a "reliable education," i.e., the graduates of higher

educational institutions, who have obtained a learned degree, should be

permitted to pass the boundary of the Pale.

Alexander II. endorsed the opinion of the conservative members of the

Council of State. The law, promulgated on November 37, 1861, reads as

follows:

Jews possessing certificates of the learned degree of Doctor of

Medicine and Surgery, or Doctor of Medicine, and likewise of Doctor,

Magister, or Candidate of other university faculties, are admitted

to serve In all Government offices, without their being confined to

the Pale established for the residence of Jews. They are also

permitted to settle permanently in all the provinces of the Empire

for the pursuit of commerce and Industry.

In addition, the law specifies that, apart from the members of their

families, these Jews shall be permitted to keep, as a maximum, "two

domestic servants from among their coreligionists."

The promulgation of this law brought about a curious state of affairs,

the upshot of the genuinely Russian homoeopathic system of emancipation,

A handful of Jews who had obtained learned degrees from universities

were permitted not only to reside in the interior of t e Empire, but

were also admitted here and there to Government service, in the capacity

of civil and military physicians. Yet both of these rights were denied

to all other persons with the same university education, "Physicians and

Active Students," [1] who had not obtained learned degrees. On one

occasion the Minister of Public Instruction put before the Council of

State the following legal puzzle: A Jewish student, while attending the

university of the Russian capital, enjoys the right of residence there.

But when he has successfully finished his course and has obtained the

customary certificate, without the learned degree, he forfeits this

right and must return to the Pale.

[Footnote 1: Both titles are given at the conclusion of the prescribed

university course; the former to medical students, the latter to

students of other faculties.]

Yet the Government in its stubbornness refused to make concessions, and

when it was forced to make them, it did so rather in its own interest

than in that of the Jews. Owing to the scarcity of medical help in the

army and in the interior, ukases issued in 1865 and 1867 declared Jewish

physicians, even without the title of Doctor of Medicine, to be

admissible to the medical corps and later on to civil service in all

places of the Empire, except the capitals St. Petersburg and Moscow.

Nevertheless, the extension of the plain right of domicile, without

admission to civil service, remained for a long time dependent on a

learned degree. It was only after two decades of hesitation that the law

of January 19, 1879, conferred the right of universal residence on _all_

categories of persons with a higher education, regardless of the nature

of the diploma, and also including pharmacists, dentists,

_feldshers_, [1] and midwives.

[Footnote 1: From the German _Feldscherer_, a sort of combination of

leech, first-aid, and barber, who frequently gave medical advice.]

The privileges bestowed upon the big merchants and "titled"

intellectuals affected but a few small groups of the Jewish population.

The authorities now turned their attention to the mass of the people,

and, in accordance with its rules of political homoeopathy, commenced to

pick from it a handful of persons for better treatment. The question of

admitting Jewish artisans into the Russian interior occupied the

Government for a long time. In 1856 Lanskoy, the Minister of the

Interior, entered into an official correspondence concerning this matter

with the governors-general and governors of the Western provinces. Most

of the replies were favorable to the idea of conferring upon Jewish

artisans the right of universal residence. Of the three governors-general

whose opinion had been invited the governor-general of Vilna was the

only one who thought that the present situation needed no change. His

colleague of Kiev, Count Vasilchikov, was, on the contrary, of the

opinion that it would be a rational measure to transfer the surplus of

Jewish artisans who were cooped up within the Pale and had been

pauperized by excessive competition to the interior governments where

there was a scarcity of skilled labor. [1]

[Footnote 1: The official statistics of that time (about the year 1860)

brought out the fact that the number of Jews in the fifteen governments

of the Pale of Settlement, exclusive of the Kingdom of Poland, but

Inclusive of the Baltic region, amounted to 1,430,800, forming 8% of the

total population of that territory. The number of artisans in the

"Jewish" governments was far greater than in the Russian interior. Thus

in the government of Kiev there were to be found 2.06 artisans to every

thousand inhabitants, against 0.8 in the near-by government of Kursk,

i.e., 2% times more. In reality, the number of Jews in the Western

region, without the Kingdom of Poland, exceeded considerably 1 and

one-half millions, there being no regular registration at that time.]

A surprisingly liberal pronouncement came from, the governor-general of

New Russia, Count Stroganov. In the world of Russian officialdom

professing the dogma of "gradation" and "caution" in the question of

Jewish rights he was the only one who had the courage to raise his voice

on behalf of complete Jewish emancipation. He wrote:

The existence in our times of restrictions in the rights of the Jews

as compared with the Christian population in any shape or form is

neither in accord with the spirit and tendency of the age nor with

the policy of the Government looking towards the amalgamation of the

Jews with the original population of the Empire.

The count therefore concluded that it was necessary "to permit the Jews

to live in all the places of the Empire and engage without any

restrictions and on equal terms with all Russian subjects in such crafts

and industries as they themselves may choose, in accordance with their

habits and abilities." It is scarcely necessary to add that the bold

voice of the Russian dignitary, who in a lucid interval spoke up in a

manner reminiscent of the civilized West, was not listened to by the

bureaucrats of St. Petersburg. Nevertheless, as far as the specific

question of Jewish artisans was concerned, the favorable replies were

bound to have a decisive effect.

However, red-tape sluggishness managed to retard the decision for

several years. In 1863 the question was referred back to the Jewish

Committee, only a short time before the dissolution of that body, which

for a quarter of a century had perpetrated every conceivable experiment

over the "amelioration of the Jews." Thence the matter was transferred

to the Committee of Ministers and finally to the Council of State.

In the ministerial body, Valuyev, Minister of the Interior, favored the

idea of granting the right of settling outside the Pale to Jewish

artisans and mechanics, dependent on certain conditions, "by practising

caution and endeavoring to avert the rapid influx into the midst of the

population of the interior governments of an element hitherto foreign to

it." In reply to Baron Korff, who had advocated the admission of the

Jewish artisans beyond the Pale not only with their families but also

with Jewish domestics, Valuyev argued that this privilege "will enable

Jewish business men of all kinds to reside in the interior governments,

under the guise of employes of their coreligionists." "The Jews,"

according to Valuyev, "will endeavor to transfer their activity to a

field economically more favorable to them, and it goes without saying

that they will not fail to seize the first best opportunity of

exploiting the places of the Empire hitherto inaccessible to them." The

Council of State passed the law in the formulation of the Ministry of

the Interior, adding the necessary precautions against the entirely

legitimate endeavor of Jewish business men "to transfer their activity

to a field economically more favorable to them."

After nine years of preparation, on June 28, 1865, Alexander II. finally

gave his sanction to the law permitting Jewish artisans, mechanics and

distillers, including apprentices, to reside all over the Empire. Both

in the wording of the law and in its subsequent application the

privilege was hedged about by numerous safeguards. Thus, the artisan who

wished to settle outside the Pale had to produce not only a certificate

from his trade-union testifying to his professional ability but also a

testimony from the police that he was not under trial. At stated

intervals he had to procure a passport from his native town in the Pale,

since outside the Pale his status was that of a temporary resident. In

his new place of residence he was permitted to deal only in the wares of

his own workmanship. If he happened to be out of work, he was to be sent

back to the Pale.

While opening a valve in the suffocating Pale, the Government took good

care to prevent the artificially pent-up Jewish energy from rushing

through it. However, heaving cooped up for so long, the Jews began to

press through the opening. In the wake of the artisans, who, on account

of the indicated restrictions of the law or because of the lack of

travelling expenses, emigrated in comparatively small numbers, followed

the commercial proletariat, using the criminal disguise of artisans, in

order to transfer their energies to a "field economically more favorable

to them." The position of these people was tragic. The fictitious

artisans became the tributaries of the local police, depending entirely

on its favor or disfavor. The detection of such "criminals" outside the

Pale was followed by their expulsion and the confiscation of their

merchandise.

As a matter of fact, the Russian Government did everything in its power

to stem the influx of Jews into the interior. Only with the greatest

reluctance did it widen the range of the "privileged" Jewish groups. The

Tzar himself, held in the throes of the old Muscovite tradition,

frequently put his veto upon the proposals to enlarge the area of Jewish

residence. A striking illustration of this attitude may be found in the

case of the retired Jewish soldiers, who, after discharging their

galley-like army service of a quarter of a century, were expelled from

the places where they had been stationed and sent back into the Pale. To

the report submitted in 1858 by the Jewish Committee, pointing out the

necessity of granting the right of universal residence to these

soldiers, the Tzar attached the resolution: "I decidedly refuse to grant

it." When petitions to the same effect became more insistent, all he did

was to permit in 1860, "by way of exemption," a group of retired

soldiers who had served in St. Petersburg in the body-guard to remain in

the capital. Ultimately, however, he was obliged to yield, and in 1867

he revoked the law prohibiting retired Jewish soldiers to live outside

the Pale. Thus after long wavering the right of domicile was finally

bestowed upon the so-called "Nicholas soldiers" and their offspring--a

rather niggardly reward for having served the fatherland under the

terrible hardships of the old form of conscription.

4. FURTHER ALLEVIATIONS AND ATTEMPTS AT RUSSIFICATION

Nevertheless, the liberal spirit of the age did its work slowly but

surely, and partial legal alleviations were granted by the Government or

wrested from it by the force of circumstances. The barriers which had

been erected for the Jews within the Pale itself were done away with.

Thus the right of residence was extended to the cities of Nicholayev and

Sevastopol, which, though geographically situated within the Pale, had

been legally placed outside of it. The obstructions in the way of

temporary visits to the holy city of Kiev were mitigated. The

disgraceful old-time privilege of several cities, such as Zhitomir and

Vilna, entitling them to exclude the Jews from certain streets, [1] was

revoked. Moreover, by the law of 1862, the Jews were permitted to

acquire land in the rural districts on those manorial estates in which

after the liberation of the peasants the binding relation of the

peasants to the landed proprietors had been completely discontinued.

Unfortunately, what the Jews thus gained through the liberation of the

peasants, they lost to a large extent soon afterwards through the Polish

insurrection of 1863, forfeiting the right of acquiring immovable

property outside the cities in the greater part of the Pale. For in

1864, after quelling the Polish insurrection, the Government undertook

to Russify the Western region, and both Poles and Jews were strictly

barred from acquiring estates in the nine governments forming the

jurisdiction of the governors-general of Vilna and Kiev.

[Footnote 1: On the medieval privilege _de non tolerandis Judaeis_ see

Vol. I, pp. 85 and 95.]

The two other great reforms, that of rural self-government and the

judiciary, were not stained by the ignominious label _kromye Yevreyev_,

"excepting the Jews," so characteristic of Russian legislation. The

"Statute concerning Zemstvo Organizations," [1] issued in 1864, makes no

exceptions for Jews, and those among them with the necessary agrarian or

commercial qualifications are granted the right of active and passive

suffrage within the scheme of provincial self-government. In fact, in

the Southern governments the Jews began soon afterwards to participate

in the rural assemblies, and were occasionally appointed to rural

offices. Nor did the liberally conceived Judicial Regulations of 1864

[2] contain any important discriminations against Jews. Within a short

time Jewish lawyers attained to prominence as members of the Russian

bar, although their admission to the bench was limited to a few isolated

cases.

[Footnote 1: A system of local self-government carried on by means of

elective assemblies and its executive organs. There is an assembly for

each district (or county) and another for each government.]

[Footnote 2: Among other reforms they instituted the Russian bar as a

separate organization.]

Little by little, another dismal spectre of the past, the missionary

activity of the Government, began to fade away. In the beginning of

Alexander's reign, the conversion of Jews was still encouraged by the

grant of monetary assistance to converts. The law of 1859 extended these

stipends to persons embracing any other Christian persuasion outside of

Greek Orthodoxy. But in 1864 the Government came to the conclusion that

it was not worth its while to reward deserters and began a new policy by

discontinuing its allowances to converts serving in the army. A little

later it repealed the law providing for a mitigation of sentence for

criminal offenders who embrace Christianity during the inquiry or trial.

[1]

[Footnote 1: See above, p. 45.]

In encouraging "the fusion of the Jews with the original population,"

the Government of Alexander II. had in mind civil and cultural fusion

rather than religious assimilation, which even the inquisitorial

contrivances of Nicholas' conscription scheme had failed to accomplish.

But as far as the cultural fusion or, for short, the Russification of

the Jews was concerned, the Government even now occasionally indulged in

practices which were borrowed from the antiquated system of enlightened

absolutism.

The official enlightenment, which had been introduced during the

forties, was slow in taking root. The year 1848 was the first scholastic

year in the two enlightenment nurseries, the rabbinical schools of Vilna

and Zhitomir. Beginning with that year a number of elementary Crown

schools for Jewish children were opened in various cities of the Pale.

The cruel persecutions of the outgoing regime affected the development

of the schools in a twofold manner. On the one hand, the Jewish

population could not help turning away with disgust from the gift of

enlightenment which its persecutors held out to it. On the other hand,

the horrors of conscription induced many a Jewish youth, to seek refuge

in the new rabbinical schools which saved their inmates from the

soldier's uniform. Many a parent who regarded both the barracks and the

Crown schools as training grounds for converts preferred to send his

children to the latter, where, at least, they were spared the martyrdom

of the barracks. The pupils of the rabbinical schools came from the

poorest classes, those that carried on their shoulders the whole weight

of conscription. True, the distrustful attitude towards the official

schools was gradually weakening as the new Government of Alexander II.

was passing from the former policy of oppression to that of reforms. By

and by, the compulsory attendance at these schools became a voluntary

one, prompted by the desire for general culture or for a special

training as rabbi or teacher. Nevertheless the expectation of the

Russian Government under Nicholas I. that the new schools would take the

place of the time-honored educational Jewish institutions, the heder and

yeshibah, remained unfulfilled. Only an insignificant percentage of

Jewish children went to the Crown schools, and even these children did

so only after having received their training at the heder or yeshibah.

Realizing this, the Government decided to combat the traditional school

as the rival of the new. Immediately upon his accession to the throne,

Alexander confirmed the following resolution adopted by the Jewish

Committee on May 3, 1855: "After the lapse of twenty years no one shall

be appointed rabbi or teacher of Jewish subjects, except graduates of

the rabbinical schools [1] or of the general educational establishments

of a higher or secondary grade."

[Footnote 1: i.e., the Government training schools for rabbis provided

by the ukase of 1844. See the preceding page.]

Having fixed a term of twenty years for abolishing the institution of

melammeds and religious leaders, the product of thousands of years of

development, the Government frequently brandished this Damocles sword

over their heads. In 1856 a strict supervision was established over

heders and melammeds. A year later the Jewish communities were

instructed to elect henceforward as "official rabbis" [1] only graduates

of the rabbinical Crown schools or of secular educational

establishments, and, in default of such, to invite educated Jews from

Germany. But all these regulations proved of no avail, and in 1859 a new

ukase became necessary, which loosened the official grip over the

heders, but made it at the same time obligatory upon the children of

Jewish merchants to attend the general Russian schools or the Jewish

Crown schools.

[Footnote 1: Crown (In Russian _kazyonny_) rabbis in Russia are those

that discharge the civil functions connected with their office, in

distinction from the "spiritual" or ecclesiastic rabbis who are in

charge of the purely religious affairs of the community. This division

has survived in Russia until to-day.]

The enforcement of school attendance would scarcely have produced the

desired effect--the orthodox managed somehow to give the slip to

"Russian learning"--were it not for the fact that under the influence of

the inner cultural transformation of Russian Jewry the general Russian

school became during that period more and more popular among the

advanced classes of the Jewish population, and gymnazium and university

took their place alongside of heder and yeshibah. Yet the hundreds of

pupils in the new schools faded into insignificance when compared with

the hundreds of thousands who were educated exclusively in the old

schools. The fatal year 1875, the last of the twenty years of respite

granted to the melammeds for their self-annihilation, arrived. But the

huge melammed army was not willing to pass out of Jewish life, in which

they exercised a definite function, with no substitute to take its

place. The Government was forced to yield. After several brief

postponements the melammeds were left in peace, and by an ukase issued

in 1879 the idea of abolishing the heders was dropped.

Towards the end of this period the Government abandoned altogether its

attempts to reform the Jewish schools, and decided to liquidate its

former activity in this direction. By an ukase issued in 1873 the two

rabbinical schools and all Jewish Crown schools were closed. On the

ruins of the vast educational network, originally projected for the

transformation of Judaism, only about a hundred "elementary schools" and

two modest "Teachers Institutes," [1] which were to supply teachers for

these schools, were established by the Government. The authorities were

now inclined to look upon the general Russian schools as the most

effective agencies of "fusion," and put their greatest trust in the

elemental process of Russification which had begun to sweep over the

upper layers of Jewry.

[Footnote 1: In Vilna and Zhitomir. The latter was closed in 1885. The

former is still in existence.]

5. THE JEWS AND THE POLISH INSURRECTION OF 1863

While the official world of St. Petersburg was obsessed with the idea of

the Russification of Jewry, in Warsaw the tendency of Polonization, as

applied to the Jews of the Western region, cropped up in the wake of the

revolutionary Polish movement in the beginning of the sixties. At the

inception of Alexander's reign the Russian Government set out to

equalize the legal status of the Jews in the Kingdom of Poland with that

of the Empire, and to abolish the surviving special restrictions, such

as the prohibition of residing in certain towns, or in certain parts of

towns, disabilities in acquiring property, and others. But the highest

Polish administration in Warsaw was obstructing in every possible way

the liberal attempts of the Russian Government. Prior to the

insurrection of 1863, the attitude of Polish society towards the Jews

was one of habitual animosity, and this notwithstanding the fact that by

that time Warsaw harbored already a group of Jewish intellectuals who

were eager to assimilate with the Poles and were imbued with Polish

patriotism. When, in 1859, the _Warsaw Gazette_ published an

anti-Semitic article in which the Jews were branded as foreigners, the

Polish-Jewish patriots, including the banker Kronenberg, a convert, were

stung to the quick, and they came forward with violent protests. This

led to passionate debates in the Polish press, generally unfriendly to

the Jews. The radical Polish organs, published abroad by political

exiles, took occasion to denounce bitterly the anti-Semitic trend of

Polish society. The veteran historian Lelevel, who had not yet forgotten

Poland's historic injustice of 1831, [1] issued a pamphlet in Brussels,

calling upon the Poles to live in harmony with the race with which it

had existed side by side for eight hundred years.

[Footnote 1: See above, p. 105.]

Lelevel's kindly words would scarcely have brought the anti-Semites to

reason, had not the Poles at that moment embarked upon an enterprise for

the success of which they sorely needed the sympathy and co-operation of

their Jewish neighbors. The revolutionary movement which engulfed

Russian Poland in 1860-1863 required the utmost exertion of effort on

the part of the entire population, in which the half-million Jews played

no small part. All of a sudden Polish society opened its arms to those

whom it had but recently branded as foreigners, and out of the ranks of

Warsaw Jewry came a hearty response, expressing itself not only in

patriotic manifestations but also in sacrifices and achievements for the

sake of the common fatherland.

At the head of the Warsaw community during this stormy period stood a

man who combined Polish patriotism with rabbinic orthodoxy. Formerly

rabbi in Cracow, Berush [1] Meisels had as far back as 1848 been sent as

deputy to the parliament at Kremsier, [2] and stood in the forefront of

the Polish patriots of Galicia. In 1856 he accepted the post of rabbi in

Warsaw. When the revolutionary movement had broken out, Meisels

endeavored to instruct his flock in the spirit of Polish patriotism.

Revered by the Jewish masses for his piety, and by the intellectuals for

his political trend of mind, this spiritual leader of Polish Jewry

played in the revolutionary Polish movement a role equal in importance

to that of the leading ecclesiastics of Poland. The harmonious

co-operation of the orthodox Chief Rabbi Meisels, the reform preacher

Marcus Jastrow, [3] and the lay representatives of the community lent

unity and organization to the part played by the Jews in preparing the

rebellion.

[Footnote 1: A variant of the name _Baer_.]

[Footnote 2: A town in Moravia, where, after the rising of 1848, the

Austrian parliament met provisionally till March, 1849.]

[Footnote 3: After the suppression of the Polish insurrection, Jastrow

went to the United States, and became a leading rabbi in Philadelphia.

He died in 1903.]

The Jews of Warsaw participated in all street manifestations and

political processions which took place during the year 1860-1861. Among

those pierced by Cossack bullets during the manifestation of February

27, 1861, were several Jews. The indignation which this shooting down of

defenceless people aroused in Warsaw is generally regarded as the

immediate cause of the mutiny. Rabbi Meisels was a member of the

deputation which went to Viceroy Gorchakov to demand satisfaction for

the blood that had been spilled. In the demonstrative funeral procession

which followed the coffins of the victims the Jewish clergy, headed by

Meisels, marched alongside of the Catholic priesthood. Many Jews

attended the memorial services in the Catholic churches at which fiery

patriotic speeches were delivered. Similar demonstrations of mourning

were held in the synagogues. An appeal sent out broadcast by the circle

of patriotic Jewish Poles reminded the Jews of the anti-Jewish hatred of

the Russian bureaucracy, and called upon them "to clasp joyfully the

brotherly hand held forth by them (the Poles), to place themselves under

the banner of the nation whose ministers of religion have in all

churches spoken of us in words of love and brotherhood."

The whole year 1861 stood, at least as far as the Polish capital was

concerned, under the sign of Polish-Jewish "brotherhood." At the

synagogue service held in memory of the historian Lelevel Jastrow

preached a patriotic sermon. On the day of the Jewish New Year prayers

were offered up in the synagogues for the success of the Polish cause,

accompanied by the singing of the national Polish hymn _Boze cos

Polske_. [1] When, as a protest against the invasion of the churches by

the Russian soldiery, the Catholic clergy closed all churches in Warsaw,

the rabbis and communal elders followed suit, and ordered the closing of

the synagogues. This action aroused the ire of Lieders, the new viceroy.

Rabbi Meisels, the preachers Jastrow and Kramshtyk as well as the

president of the "Congregational Board" were placed under arrest. The

prisoners were kept in the citadel of Warsaw for three months, but were

then released.

[Footnote 1: Pronounce, _Bozhe, tzosh Polske_, "O Lord, Thou that hast

for so many ages guarded Poland with the shining shield of Thy

protection!"--the first words of the hymn.]

In the meantime Marquis Vyelepolski, acting as mediator between the

Russian Government and the Polish people, had prepared his plan of

reforms as a means of warding off the mutiny. Among these reforms, which

aimed at the partial restoration of Polish autonomy and the improvement

of the status of the peasantry, was included a law providing for the

"legal equality of the Jews." Wielding considerable influence, first as

director of the Polish Commission of Ecclesiastical Affairs and Public

Instruction, and later as the head of the whole civil administration of

the Kingdom, Vyelepolski was able to secure St. Petersburg's assent to

his project. On May 24, 1862, Alexander II. signed an ukase revoking the

suspensory decree of 180 1808, [1] which had entailed numerous disabilities

for the Jews incompatible with the new tendencies in the political and

agrarian life of the Kingdom. This ukase conferred the following rights

upon the Jews:

[Footnote 1: See Vol. I, p. 299.]

1. To acquire immovable property on all manorial estates on which

the peasants had passed from the state of serfs into that of

tenants.

2. To settle freely in the formerly prohibited cities and city

districts, [1] not excluding those situated within the twenty-one

verst zone along the Prussian and Austrian frontier. [2]

3. To appear as witnesses in court on an equal footing with

Christians in all legal proceedings and to take an oath in a new,

less humiliating form.

[Footnote 1: See above, pp. 172 and 178.]

[Footnote 2: See above, p. 95.]

Bestowing these privileges upon the Polish Jews in the hope of bringing

about their amalgamation with the local Christian population, the Tzar

forbids in the same ukase the further use of Hebrew and Yiddish in all

civil affairs and legal documents, such as contracts, wills,

obligations, also in commercial ledgers and even in business

correspondence. In conclusion, the ukase directs the Administrative

Council of the Kingdom of Poland to revise and eventually to repeal all

the other laws which hamper the Jews in their pursuit of crafts and

industries by imposing special taxes upon them.

This ukase of Alexander II., though revoking only part of the insulting

restrictions in the elementary civil rights of the Jews, was given the

high-sounding title of an "Act of Emancipation." The secluded hasidic

mass of Poland was glad to accept the legal alleviations offered to it,

without thinking of any linguistic or other kind of assimilation. On the

other hand, the assimilated Jewish _intelligentzia_, which had joined

the ranks of the Polish insurgents, was dreaming of complete

emancipation, and confidently hoped to attain it upon the successful

termination of the revolutionary enterprise.

In the meantime the revolution was assuming ever larger proportions. The

year 1863 arrived. The demonstrations on the streets of Warsaw were

succeeded by bloody skirmishes between the Polish insurgents and the

Russian troops in the woods of Poland and Lithuania. The Jews took no

active part in this phase of the rebellion. As far as Poland proper was

concerned, their participation was limited to the secret revolutionary

propaganda. In Lithuania again neither the Jewish masses nor the newly

arisen class of intellectuals sympathized with the Polish cause. In that

part of the country the systematic Jew-baiting of the Polish pans, or

noble landowners, was still fresh in the minds, and the Jews, moreover,

were pinning all their faith to the emancipation to be bestowed by St.

Petersburg. The will o' the wisp of Russification had already begun to

lure the Jewish professional class. In many Lithuanian localities the

Jews who failed to show their sympathy with the Polish revolutionaries

ran the risk of being dealt with severely. Here and there, as had been

the case in 1831, the rebels were as good as their word, and hanged or

shot the Jews suspected of pro-Russian sympathies.

The reserved attitude of the Lithuanian Jews throughout the mutiny

proved their salvation after the suppression of the rebellion, when the

ferocious Muravyov, the governor-general of Vilna, took up his bloody

work of retribution. As for the Kingdom of Poland, neither the

revolution nor its suppression entailed any serious consequences for

them. True, the fraternization of the Warsaw Jews with the Poles during

the revolutionary years weakened for a little while the hereditary

Jew-hatred of the Polish people, and helped to intensify the fever of

Polonization which had seized the Jewish upper classes. But indirectly

the effects of the Polish rebellion were detrimental to the Jews of the

rest of the Empire. The insurrection was not only followed by a general

wave of political reaction, but it also gave strong impetus to the

policy of Russification which was now applied with particular vigor to

the Western provinces, and was damaging to the Jews both from the civil

and the cultural point of view.

History of the Jews in Russia and Poland, Volume 2 [of 3] From the Death of Alexander I until the Death of Alexander III (1825-1894) · 第 6 / 18 章