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)

by Simon Dubnow

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.