CHAPTER XXIV

LEGISLATIVE POGROMS

1. THE "TEMPORARY RULES" OF MAY 3, 1882

During the interval between the pogrom of Warsaw and that of Balta the

Government was preparing for the Jews a series of legislative pogroms.

In the recesses of the Russian Government offices, which served as the

laboratories of police barbarism, the authorities were busy forging a

chain of legal and administrative restrictions in order to "regulate"

Jewish life in the spirit of complete civil disfranchisement. The

Central Committee on Jewish Affairs, attached to the Ministry of the

Interior, which was called for short "the Jewish Committee" but might

far more appropriately have been called "the Anti-Jewish Committee," was

basing its labors upon the opinions submitted by the gubernatorial

commissions and rearing on this foundation a monstrous structure of

disabilities.

The new project was based upon the following theory: The old Russian

legislation was marked by its hostility to the Jews as a secluded group

of alien faith and race. A departure from this attitude was attempted

during the reign of Alexander II., when the rights of certain categories

of Jews were enlarged, and "a period of toleration was inaugurated." But

subsequent experience proved the inexpediency of this tolerant attitude

towards the Jews, as has been demonstrated by the recent manifestation

"of an anti-Jewish movement abroad" (German anti-Semitism) and "the

popular protest" in Russia itself, where it assumed the form of pogroms.

Since Russia has now chosen the path of a "national policy," it follows

also in regard to the Jewish question that this country cannot but "turn

to its ancient tradition, throw aside the innovations which have proved

useless, and follow vigorously the principles, evolved by the whole past

history of the monarchy, according to which the Jews must be regarded as

aliens," and therefore can lay no claim to full toleration.

This barbarous theory, which brought Russia back to the traditions of

ancient Muscovy, was expounded elaborately in the protocol of the

session of the "anti-Jewish Committee," as a sort of preamble to the

legal project submitted by it.

While engaged in these labors, the members of the committee received the

news of the pogrom in Warsaw, and were greatly heartened by it. They did

not fail to make an entry in the protocol to the effect that the

"disorders" which had taken place in the Kingdom of Poland "where the

Jews enjoy equal rights" (i.e., the right of residence) tend to support

the theory of the "injuriousness" of the Jewish people. Official pens

began to scribble more rapidly, and within a short time, by the spring

of 1882, a project was ready, to be inflicted as a severe punishment

upon the Jews for the atrocities perpetrated upon them. The "conquered

foe," represented by the Jewish population, was to be dislodged from a

large area within, the Pale of Settlement, overcrowded though the latter

had become, by forbidding the Jews to settle anew outside of the cities

and towns, i.e., in the country-side. Those already settled there were

either to be evicted by the verdict of the rural communes[1], or to be

deprived of a livelihood by the prohibition to buy or lease immovable

property and to trade in liquor.

[Footnote 1: "To allow the communes to evict the Jews by a verdict,"

according to the exact wording of the law.]

This project was submitted by Ignatyev to the Committee of Ministers,

accompanied by the suggestion that the new disabilities be enacted not

in due legal procedure (by the Council of State) but in the form of

"Temporary Rules" to be sanctioned in an extra-legal way by the Tzar,

with the end in view "to do away with the aggravated relations between

the Jews and the original population."

However, even the members of the reactionary Committee of Ministers were

embarrassed by Ignatyev's project. The Committee felt that it was

impossible to carry out the expropriation of personal and property

rights on so extensive a scale without the due process of law and that

the permission to be granted to rural communes of expelling the Jews

from the villages was tantamount to leaving the latter to the tender

mercies of the benighted Russian masses, which would thus more than ever

be strengthened, in their conviction that the Jews might be expelled and

assaulted with impunity, so that the relations between the two elements

of the population, instead of improving, would only become more

aggravated. On the other hand, the Committee of Ministers went on record

that it considered it necessary to adopt rigorous measures against the

Jews in order that the peasants should not think "that the Tzar's will

in ridding them of Jewish exploitation was not put into execution."

As a result of these contentions, several concessions were made by

Ignatyev, and the following compromise was reached: The clause ordering

the expulsion of the hundreds of thousands of Jews already settled in

the villages was eliminated, and the prohibition was restricted to the

Jews who wished to settle outside of the towns and townlets _anew_. In

turn, the Committee of Ministers yielded to Ignatyev's demand that the

project should be enacted with every possible dispatch, without

preliminary submission to the Council of State.

Such was the genesis of the famous "Temporary Rules" which were

sanctioned by the Tzar on May 3, 1882. Shorn of all bureaucratic

rhetoric, the new laws may be reduced to the following laconic

provisions:

_First_, to forbid the Jews henceforth to settle anew outside of the

towns and townlets.

_Second_, to suspend the completion of instruments of purchase of

real property and merchandise in the name of Jews outside of the

towns and townlets.

_Third_, to forbid the Jews to carry on business on Sundays and

Christian holidays.

The first two "Rules" contained in their harmless wording a cruel

punitive law which dislodged the Jews from nine-tenths of the territory

hitherto accessible to them, and tended to coop up millions of human

beings within the suffocating confines of the towns and townlets of the

Western region. And yet, notwithstanding its tremendous implications,

the law was passed outside the ordinary course of legal procedure--under

the disguise of "Temporary Rules," which, in spite of their title, have

been enforced with merciless cruelty for more than a generation.

2. ABANDONMENT OF THE POGROM POLICY

After imposing a severe and immediately effective penalty upon Russian

Jewry for having been ruined by the pogroms, the Government suddenly

remembered its duty, and dangled the threat of future penalties before

the prospective instigators of Jewish disorders. On the same fateful

third of May, the Tzar sanctioned the decision of the Committee of

Ministers concerning the necessity of declaring solemnly that "the

Government is firmly resolved to prosecute invariably any attempt at

violence on the person and property of the Jews, who are under the

protection of the general laws." In accordance with this declaration, a

senatorial ukase dated May 10 was sent out to the governors, warning

them that "the heads of the gubernatorial administrations would be held

responsible for the adoption of timely measures looking to the

prevention of the conditions leading to similar disorders and for the

suppression of these disorders at the very outset, and that any

negligence in this regard on the part of the administration and the

police authorities would result in the dismissal from office of those

found guilty." This warning was accompanied by the following confession:

In view of the fact that sad occurrences in the past have made it

evident that the local population, incited by evil-minded persons

from covetous or other motives, has taken part in the disorders, it

is the duty of the gubernatorial administration to make it clear to

the local communes that they are obliged to adopt measures for the

purpose ... of impressing upon the inhabitants the gross criminal

offence implied in willfully perpetrating violent acts against

anybody's person and property.

It would almost seem as if the Government, by promulgating on one and

the same day the "Temporary Rules" against the Jews and the circular

against the pogroms, wished to intimate to the Russian people that,

inasmuch as the Jews were now being exterminated through the agency of

the law, there was no further need to exterminate them on the streets.

The originators of the "Temporary Rules" did not seem to realize that

the latter were nothing but a variation of those "violent acts against

person and property," from which the street mob was warned to refrain,

for the loss of the freedom of movement is violence against the person,

and the denial of the right of purchasing real estate is violence

against property. Even the Russian press, though held at that time in

the grip of censorship, could not help commenting on the fact that the

effect of the official circular against the pogroms had been greatly

weakened, by the simultaneous promulgation of the "Temporary Rules."

It would seem as if the terrible atrocities at Balta had made the

highest Government spheres realize that the previous policy of

connivance at the pogroms, which had been practised for a whole year,

could not but disgrace Russia in the eyes of the world and undermine

public order in Russia itself. As soon as this was realized, the

luckless Minister, who had been the pilot of Russian politics throughout

that terrible year, was bound to disappear from the scene. On May 30,

Count Ignatyev was made to resign, and Count Demetrius Tolstoi was

appointed Minister of the Interior.

Tolstoi was a grim reactionary and a champion of autocracy and police

power, but he was at the same time an enemy of all manifestations of mob

rule which tended to undermine the authority of the State. A few days

after his appointment the new Minister issued a circular in which he

reiterated the recent declaration of his predecessor concerning the

"resolve of the Government to prosecute every kind of violence against

the Jews," announcing emphatically that "any manifestation of disorders

would unavoidably result in the immediate prosecution of all official

persons who are in duty bound to concern themselves with the prevention

of disorders."

This energetic pronouncement of the Government had a magic effect. All

provincial administrators realized that the central Government of St.

Petersburg had ceased to trifle with the promoters of the pogroms, and

the pogrom epidemic was at an end. Beginning with June, 1882, the

pogroms assumed more and more a sporadic character. Here and there

sparks of the old conflagration would flare up again, but only to die

out quickly. In the course of the next twenty years, until the Kishinev

massacre of 1903, no more than about ten pogroms of any consequence may

be enumerated, and these disorders were all isolated movements, with a

purely local coloring, and without the earmarks of a common organization

or the force of an epidemic, such as characterized the pogrom campaigns

of 1881, or those of 1903-1905. This is an additional proof for the

contention that systematic pogroms in Russia are impossible as long as

the central Government and the local authorities are honestly and firmly

set against them.

The stringent measures adopted by Tolstoi were soon reflected in the

legal trials arising out of the pogroms. Formerly, the local authorities

refrained as a rule from putting the rioters on trial lest their

testimony might implicate the local administration, and even when action

was finally brought against them, the culprits mostly escaped with

slight penalties, such as imprisonment for a few months. But after the

declaration of the Government in June the courts adopted a more rigorous

attitude towards the rioters. [1] In the summer of 1882, a number of

cases arising out of the pogroms at Balta and in other cities were tried

in the courts. The penalties imposed by the courts were frequently

severe, though fully deserved, such as deportation and confinement at

hard labor, drafting into penal military companies, etc. In one case,

two soldiers, having been convicted of pillage and murder, were

court-martialled and sentenced to death. When the sentence was submitted

for ratification to Drenteln, governor-general of Kiev, the rabbi of

Balta, acting on behalf of the local Jewish community, betook himself to

Kiev to support the culprits in their petition for pardon. It was

strange to listen to this appeal for mercy on behalf of criminals guilty

of violence and murder, coming from the camp of their victims, from the

demolished homes which still resounded with the moans of the wounded and

with the weeping over lost lives and dishonored women. One finds it

difficult to believe that this appeal for mercy was due entirely to an

impulse of forgiveness. Associated with it was probably the apprehension

that the death of the murderers would be avenged by their like-minded

accomplices who were still at liberty.

[Footnote 1: This, by the way, was not always the case. The court of

Chernigov, which was compelled to bring in a verdict of guilty against

the perpetrators of the pogrom in the townlet of Karpovitchin the same

government, decided to recommend the culprits to the clemency of the

superior authorities, in view of the dissatisfaction of the people with

the "exploitation" of the Jews. There were many instances of these

anti-Jewish political manifestations in the law-courts.]

The Jews of Balta were soon to learn that their humility was

ill-requited by the highly-placed promoters of the riots. In the

beginning of August, Governor-General Drenteln came to Balta. He was

exceedingly irritated, not only on account of the recent circular of

Tolstoi which implied a personal threat against him as one who had

connived at a number of pogroms within his dominions, but also because

of the steps taken by the representatives of the Balta Jewish community

at St. Petersburg in the direction of exposing the spiritual fathers of

the local riots. Having arrived in the sorely stricken city, the head of

the province, who _ex officio_ should have conveyed his expression of

sympathy to the sufferers, summoned the rabbi and the leaders of the

Jewish community, and, in the presence of his official staff, treated

them to a speech full of venomous hatred. He told them that by their

actions the Jews had "armed everybody against themselves," that they

were universally hated, that "they lived nowhere as happily as in

Russia," and that the deputation they had sent to St. Petersburg for the

purpose of presenting their complaints and "slandering the city

authorities and representatives as if they had incited the tumultuous

mob against the Jews" had been of no avail. In conclusion, he branded

the petition of the Balta community for a commutation of the death

sentence passed upon the rioters as an act of hypocrisy, adding

impressively that "these persons have been pardoned irrespective of the

requests of the Jews."

The speech of the bureaucratic Jew-baiter, whose proper place was in the

dock, side by side with the convicted murderers, produced a terrible

panic in the whole region of Kiev. The militant organ of the Jewish

press, the _Voskhod_, properly remarked:

After the speech of General-Adjutant Drenteln, our confidence in the

impossibility of a repetition of the pogroms has been decidedly

shaken. Of what avail can ministerial circulars be when the highest

administrators on the spot paralyze their actions in public by the

living word?

The apprehensions voiced by the Jewish organ were fortunately unfounded.

True, the Minister Tolstoi was not able to punish the criminal harangue

of the savage governor-general who had powerful connections at the

Russian court. But the firm resolution of the central Government to hold

the heads of the administration to account for their connivance at

pogroms had the desired effect. All that the snarling dogs could do was

to bark.

3. DISABILITIES AND EMIGRATION

The pogrom machinery was thus stopped by a word of command from St.

Petersburg. As a counterbalance, the machinery for the manufacture of

Jewish disabilities continued in full operation. The "Temporary Rules"

of May third established a system of legal persecutions which were

directed against the Jews on the ground of their "economic

injuriousness," The fact that the Jewish population was in many regards

outside the operation of the general laws of Russia opened up a wide

field for the grossest forms of arbitrariness and lawlessness. At one

stroke, all the exits from the overcrowded cities into the villages

within the Pale of Settlement were tightly closed. All branches of

industry connected with Jewish land ownership outside the cities were

curtailed and in some places entirely cut off. In many villages the

right bestowed on the rural communes of ostracising "vicious members" by

a special verdict [1] was used as a weapon to expel those Jews who had

long been settled there.

[Footnote 1: The official term applied to the resolutions passed by the

village communes. Compare p. 310.]

It will be remembered that Ignatyev had proposed to encourage the

peasants officially in the use of this weapon against the Jews, and that

the Committee of Ministers had rejected his proposal. There were now

administrators who did the same thing unofficially. Prompted by selfish

motives, the local _Kulaks_ [1] or "bosses," from among the Russian

tradesmen, acting in conjunction with the rural elders, would convene

peasant assemblies which were treated to liberal doses of alcohol. The

intoxicated, half-illiterate _moujiks_ would sign a "verdict" demanding

the expulsion of the Jews from their village; the verdict would be

promptly confirmed by the governors and would immediately become law.

Such expulsions were particularly frequent in the governments under the

jurisdiction of Drenteln, governor-general of Kiev, and no one doubted

but that this ferocious Jew-baiter had passed the word to that effect

throughout his dominions.

[Footnote 1: Literally "Fists."]

The economic misery within the Pale drove a number of Jews into the

Russian interior, but here they were met by the whip of the law, made

doubly painful by the scorpions of administrative caprice. Wholesale

expulsions of Jews took place in St. Petersburg, Moscow, Kiev, Kharkov,

and other forbidden centers. The effect of these expulsions upon the

commercial life of the country was so disastrous that the big Russian

merchants of Moscow and Kharkov appealed to the Government to relax the

restrictions surrounding the visits of Jews to these cities.

The civil authorities were now joined by the military powers in hounding

the Jews. There were in the Russian army a large number of Jewish

physicians, many of whom had distinguished themselves during the

preceding Russo-Turkish war. The reactionary Government at the helm of

Russian affairs could not tolerate the sight of a Jewish physician

exercising the rights of an army officer which were otherwise utterly

utterly unattainable for a Jewish soldier. Accordingly, the Minister of

War, Vannovski, issued a rescript dated April 10, 1882, to the following

effect:

_First_, to limit the number of Jewish physicians and _feldshers[1]_

in the Military Department to five per cent of the general number of

medical men.

_Second_, to stop appointing Jews on the medical service in the

military districts of Western Russia, and to transfer the surplus

over and above five per cent into the Eastern districts.

_Third_, to appoint Jewish physicians only in those contingents of

the army in which the budget calls for at least two physicians, with

the proviso that the second physician must be a Christian.

[Footnote 1: See p. 167, n. 2.]

The reason for these provisions was stated in a most offensive form:

It is necessary to stop the constant growth of the number of

physicians of the Mosaic persuasion in the Military Department, in

view of their deficient conscientiousness in discharging their

duties and their unfavorable influence upon the sanitary service in

the army.

This revolting affront had the effect that many Jewish physicians handed

in their resignations immediately. The resignation of one of these

physicians, the well-known novelist Yaroshevski, was couched in such

emphatic terms, and parried the moral blow directed at the Jewish

professional men with such dignity that the Minister of War deemed it

necessary to put the author on trial. Among other things, Yaroshevski

wrote:

So long as the aspersions cast upon the Jewish physicians so

pitilessly are not removed, every superfluous minute spent by them

in serving this Department will merely add to their disgrace. In the

name of their human dignity, they have no right to remain there

where they are held in abhorrence.

Under these circumstances it seemed quite natural that the tendency

toward emigration, which had called forth a number of emigration

societies as far back as the beginning of 1882 [1], took an ever

stronger hold upon the Jewish population of Russia. The disastrous

consequences of the resolution adopted by the conference of notables in

St. Petersburg [2] were now manifest. By rejecting the formation of a

central agency for regulating the emigration, the conference had

abandoned the movement to the blind elemental forces, and a catastrophe

was bound to follow. The pogrom at Balta called forth a new outburst of

the emigration panic, and in the summer of 1882 some twenty thousand

Jewish refugees were again huddled together in the Galician border-town

of Brody. They were without means for continuing their journey to

America, having come to Brody in the hope of receiving help from the

Jewish societies of Western Europe. The relief committees established in

the principal cities of Europe were busily engaged in "evacuating" Brody

of this destitute mass of fugitives. In the course of the summer and

autumn this task was successfully accomplished. A large number of

emigrants were dispatched to the United States, and the rest were

dispersed over the various centers of Western Europe.

[Footnote 1: See above, p. 297 et seq.]

[Footnote 2: See above, p. 307.]

Aside from the highway of American emigration went, along a tiny

parallel path, the Jewish emigration to Palestine. The Palestinian

movement which had shortly before come into being [1] attracted many

enthusiasts from among the Jewish youth. In the spring of 1882, a

society of Jewish young men, consisting mostly of university students,

was formed in Kharkov under the name _Bilu_, from the initial letters of

their Hebrew motto, _Bet Ya'akob leku we-nelka_"O house of Jacob, come

ye, and let us go." [2] The aim of the society was to establish a model

agricultural settlement in Palestine and to carry on a wide-spread

propaganda for the idea of colonizing the ancient homeland of the Jews.

As a result of this propaganda, several hundred Jews in various parts of

Russia joined the _Bilu_ society. Of these only a few dozen pioneers

left for Palestine --between June and July of 1882.

[Footnote 1: See later, p. 268.]

[Footnote 2: From Isa. 2.5.]

At first, the leaders of the organization attempted to enter into

negotiations with the Turkish Government, with a view to obtaining from

it a large tract of land for colonizing purposes, but the negotiations

fell through. The handful of pioneers were obliged to work in the

agricultural settlements near Jaffa, in _Mikweh Israel_, a foundation of

the _Alliance Israélite_ in Paris, and in the colony _Rishon le-Zion_,

which had been recently established by private initiative. The youthful

idealists had to endure many hardships in an unaccustomed environment

and in a branch of endeavor entirely alien to them. A considerable part

of the pioneers were soon forced to give up the struggle and make way

for the new settlers who were less intelligent perhaps but physically

better fitted for their task. The foundations of Palestinian

colonization had been laid, though within exceedingly narrow limits, and

the very idea of the national restoration of the Jewish people in

Palestine was then as it was later a much greater social factor in

Jewish life than the practical colonization of a country which could

only absorb an insignificant number of laborers. At those moments, when

the Russian horrors made life unbearable, the eyes of many sufferers

were turned Eastward, towards the tiny strip of land on the shores of

the Mediterranean, where the dream of a new life upon the resuscitated

ruins of gray antiquity held out the promise of fulfilment.

A contemporary writer, in surveying recent events in the Russian valley

of tears, makes the following observations:

Jewish life during the latter part of 1882 has assumed a

monotonously gloomy, oppressively dull aspect True, the streets are

no longer full of whirling feathers from torn bedding; the

window-panes no longer crash through the streets. The thunder and

lightning which were recently filling the air and gladdening the

hearts of the Greek-Orthodox people are no more. But have the Jews

actually gained by the change from the illegal persecutions [in the

form of pogroms] to the legal persecutions of the third of May?

Maltreated, plundered, reduced to beggary, put to shame, slandered,

and dispirited, the Jews have been cast out of the community of

human beings. Their destitution, amounting to beggary, has been

firmly established and definitely affixed to them. Gloomy darkness,

without a ray of light, has descended upon that bewitched and narrow

world in which this unhappy tribe has been languishing so long,

gasping for breath in the suffocating atmosphere of poverty and

contempt. Will this go on for a long time? Will the light of day

break at last?

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 12 / 18 章