The curious principle of municipal justice by virtue of which the majority of house owners and tax-payers were to be ruled by the representatives of the minority carried the day. The new Municipal Statute sanctioned the norm of one-third for "non-Christians," and reaffirmed the ineligibility of Jews to the post of burgomaster.
The law of 1874, establishing general military service and abolishing the former method of conscription, proved the first legal enactment which imposed upon the Jews equal obligations with their fellow-citizens, prior to bestowing upon them equal rights. To be sure, the new regulation brought considerable relief to the Jews, inasmuch as the heavy burden of military duty which had formerly been borne entirely by the poor burgher class, [1] was now distributed over all estates, while the burden itself was lightened by the reduction of the term of service. Moreover, the former collective responsibility of the community for the supply of recruits, which had given rise to the institution of "captors" and many other evils, was replaced by the personal responsibility of every individual conscript. All this, however, was not sufficient to change suddenly the attitude of the Jewish populace towards military service.
[Footnote 1: On the "burghers" see Vol. I, p. 308, n. 2. Concerning the military duty imposed on them see above, p. 23.]
The formerly privileged merchantile class could not reconcile itself easily to the idea of sending their children to the army. The horrors of the old conscription were still fresh in their minds, and even in its new setting military service was still suggestive of the hideous horrors of the past. Those who but yesterday had been dragged like criminals to the recruiting stations could not well be expected to change their sentiments over night and appear there of their own free will. The result was that a considerable number of Jews of military age (21) failed to obey the summons of the first conscription. Immediately the cry went up that the Jews evaded their military duty, and that the Christians were forced to make up the shortage. The official pens in St. Petersburg and in the provincial chancelleries became busy scribbling. The Ministry of War demanded the adoption of Draconian measures to stop this "evasion," As a result, the whole Jewish youth of conscription age was registered in 1875. At the recruiting stations the age of the young Jews was determined by their external appearance, without regard to their birth certificates. Finally, in the course of 1876-1878, a number of special provisions were enacted, by way of exception from the general military statute, for the purpose "of insuring the regular discharge of their military duty by the Jews."
According to the new legal provisions, the Jews who had been rejected as unfit for military service were to be replaced by other Jews and under no circumstances by Christians. For this purpose, the Jewish conscripts were to be segregated from the Christians after the drawing of lots, the first stage in the recruiting process. [1] Moreover, in the case of Jews a lower stature and a narrower chest were required than in that of non-Jews. In the case of a shortage of "unprivileged" recruits, permission was given to draft not only Jews enjoying, by their family status, the third and second class privileges, but also those of the first class, i.e., to deprive Jewish parents of their only sons. [2]
[Footnote 1: Since the number of men of military age greatly exceeds the required number of recruits, the Russian law provides that lots be drawn by the conscripts to determine the order in which they are to present themselves for examination to the recruiting officers. When the quota is completed, the remaining conscripts, i.e., those who, having drawn a high number, have not yet been examined, are declared exempt from military service.]
[Footnote 2: "According to Russian law, the following three categories of recruits are exempt from military service: 1) the only sons; 2) the only wage-earning sons, though there be other sons in the family; 3) those who have an elder brother or brothers in the army. The first category is exempt under all circumstances; the last two on condition that the required number of recruits be secured out of the "unprivileged" conscripts. Only in the case of the Jews is the first category drawn upon in the case of a shortage.]
In this manner the Government sought to "insure" with ruthless vigor the discharge of this most onerous duty on the part of the Jews, without making any attempt to insure at the same time the rights of this population of three millions which was made to spill its blood for the fatherland. In the Russo-Turkish War of 1877, many Jewish soldiers fought for Russia, and a goodly number of them were killed or wounded on the battlefield. Yet in the Russian military headquarters—the post of commander-in-chief was occupied by the crown prince, the future Tzar Alexander III.—no attention was paid to the thousands of Jewish victims, but rather to the fact that the "Jewish" firm of army purveyors, Greger, Horvitz & Kohan [1] was found to have had a share in the commissariat scandals. When at the Congress of Berlin in 1878 a resolution was introduced calling upon the Governments of Roumania, Servia, and Bulgaria to accord equal rights to the Jews in their respective dominions, and was warmly supported by all plenipotentiaries, such as Waddington, Beaconsfield, Bismarck, and others, the only one to oppose the emancipation of the Jews on principle was the Russian chancellor Gorchakov, In his desire to save the prestige of Russia, which herself had failed to grant equal rights to the Jews, the chancellor could not refrain from an anti Semitic sally, remarking during the debate that "one ought not to confound the Jews of Berlin, Paris, London, and Vienna, who cannot be denied civil and political rights, with the Jews of Servia, Roumania, and several Russian provinces, where they are a regular scourge to the native population."
[Footnote 1: Greger was a Greek, and Horvitz a converted Jew. See later, p. 244.]
Altogether the growth of anti-Semitism in the Government circles and in certain layers of Russian society, towards the close of the seventies, became clearly pronounced. The laurels of Brafman, whose "exposure" of Judaism had netted him many personal benefits and profitable connections in the world of officialdom, were apt to stimulate all sorts of adventurers. In 1876 a new "exposer" of Judaism appeared on the scene, a man with a stained past, Hippolyte Lutostanski. He was originally a Roman Catholic priest in the government of Kovno. Having been unfrocked by the Catholic Consistory "on account of incredible acts of lawlessness and immoral conduct," including libel, embezzlement, rape committed upon a Jewess, and similar heroic exploits, he joined the Greek-Orthodox church, entered the famous Troitza Monastery near Moscow as a monk, and was admitted as a student to the Ecclesiastical Academy of the same city.