Novosiltzev was evidently well informed about the state of mind of the Jewish masses. No sooner had the rumor of the proposed ukase reached the Pale of Settlement than the Jews were seized by a tremendous excitement. It must be borne in mind that the Jewish population of Western Russia had but recently been incorporated into the Russian Empire. Clinging with patriarchal devotion to their religion, estranged from the Russian people, and kept, moreover, in a state of civil rightlessness, the Jews of that region could not be reasonably expected to gloat over the prospect of a military service of twenty-five years' duration, which was bound to alienate their sons from their ancestral faith, detach them from their native tongue, their habits and customs of life, and throw them into a strange, and often hostile, environment. The ultimate aim of the project, which, imbedded in the mind of its originators, seemed safely hidden from the eye of publicity, was quickly sensed by the delicate national instinct, and the soul of the people was stirred to its depths. Public-minded Jews strained every nerve to avert the calamity. Jewish representatives journeyed to St. Petersburg and Warsaw to plead the cause of their brethren. Negotiations were entered into with dignitaries of high rank and with men of influence in the world of officialdom. Rumor had it that immense bribes had been offered to Novosiltzev and several high officials in St. Petersburg for the purpose of receiving their co-operation. But even the intercession of leading dignitaries was powerless to change the will of the Tzar. He chafed under the red-tape formalities which obstructed the realization of his favorite scheme. Without waiting for the transmission of Novosiltzev's memorandum, the Tzar directed the Minister of the Interior and the Chief of the General Staff to submit to him for signature an ukase imposing military service upon the Jews. The fatal enactment was signed on August 26, 1827.
2. The Recruiting Ukase of 1827 and Juvenile Conscription
The ukase announces the desire of the Government "to equalize military duty for all estates," without, be it noted, equalizing them in their rights. It further expresses the conviction that "the training and accomplishments, acquired by the Jews during their military service, will, on their return home after the completion of the number of years fixed by law (fully a quarter of a century!), be communicated to their families and make for greater usefulness and higher efficiency in their economic life and in the management of their affairs."
However, the "Statute of Conscription and Military Service," subjoined to the ukase, was a lurid illustration of a tendency utterly at variance with the desire "to equalize military duty." Had the Russian Government been genuinely desirous of rendering military duty uniform for all estates, there would have been no need of issuing separately for the Jews a huge enactment of ninety-five clauses, with supplementary "instructions," consisting of sixty-two clauses, for the guidance of the civil and military authorities. All that was necessary was to declare that the general military statute applied also to the Jews. Instead, the reverse stipulation is made: "The general laws and institutions are not valid in the case of the Jews" when at variance with the special statute (Clause 3).
The discriminating character of Jewish conscription looms particularly large in the central portion of the statute. Jewish families were stricken with terror on reading the eighth clause of the statute prescribing that "the Jewish conscripts presented by the [Jewish] communes shall be between the ages of twelve and twenty-five." This provision was supplemented by Clause 74: "Jewish minors, i.e., below the age of eighteen, shall be placed in preparatory establishments for military training."
True, the institution of minor recruits, called cantonists, [1] existed also for Christians. But in their case it was confined to the children of soldiers in active service, by virtue of the principle laid down by Arakcheyev [2] that children born of soldiers were the property of the Military Department, whereas the conscription of Jewish minors was to be absolute and to apply to all Jewish families without discrimination. To make things worse, the law demanded that the years of preparatory training should not be included in the term of active service, the latter to start only with the age of eighteen (Clause 90); in other words, the Jewish cantonists were compelled to serve an additional term of six years over and above the obligatory twenty-five years. Moreover, at the examination of Jewish conscripts, all that was demanded for their enlistment was "that they be free from any disease or defect incompatible with military service, but the other qualifications required by the general rules shall be left out of consideration" (Clause 10).
[Footnote 1: From Canton, a word applied in Prussia in the eighteenth century to a recruiting district. In Russia, beginning with 1805, the term "cantonists" is applied to children born of soldiers and therefore liable to conscription.]
[Footnote 2: See Vol. I, p. 395, n. 1.]
The duty of enlisting the recruits was imposed upon the Jewish communes, or Kahals, which were to elect for that purpose between three and six executive officers, or "trustees," in every city. The community as such was held responsible for the supply of a given number of recruits from its own midst. It was authorized to draft into military service any Jew guilty "of irregularity in the payment of taxes, of vagrancy, and other misdemeanors." In case the required number of recruits was not forthcoming within a given term, the authorities were empowered to obtain them from the derelict community "by way of execution." [1] Any irregularity on the part of the recruiting "trustees" was to be punished by the imposition of fines or even by sending them into the army.
[Footnote 1: The term "execution" (ekzekutzia) is used in Russian to designate a writ empowering an officer to carry a judgment into effect, in other words, to resort to forcible seizure.]