The following categories of Jews were exempted from military duty: merchants holding membership in guilds, artisans affiliated with trade-unions, mechanics in factories, agricultural colonists, rabbis, and the Jews, few and far between at that time, who had graduated from a Russian educational institution. Those exempted from military service in kind were required to pay "recruiting money," one thousand rubles for each recruit. The general law providing that a regular recruit could offer as his substitute a "volunteer" was extended to the Jews, with the proviso that the volunteer must also be a Jew.

The "Instructions" to the civil authorities, appended to the statute, specify the formalities to be followed both at the recruiting stations and in administering the oath of allegiance to the conscripts in the synagogues. The latter ceremony was to be marked by gloomy solemnity. The recruit was to be arrayed in his prayer-shawl (Tallith) and shroud (Kittel). With his philacteries wound around his arm, he should be placed before the Ark and, amidst burning candles and to the accompaniment of shofar blasts, made to recite a lengthy awe-inspiring oath. The "Instructions" to the military authorities accompanying the statute prescribe that every batch of Jewish conscripts "shall be entrusted to a special officer to be watched over, prior to their departure for their places of destination, and shall be kept apart from the other recruits." Both in the places of conscription and on the journey the Jewish recruits were to be quartered exclusively in the homes of Christian residents.

The promulgated "military constitution" surpassed the very worst apprehension of the Jews. All were staggered by this sudden blow, which descended crushingly upon the mode of life, the time-honored traditions, and the religious ideals of the Jewish people. The Jewish family nests became astir, trembling for their fledglings. Barely a month after the publication of the military statute, the central Government in St. Petersburg was startled by the report that the Volhynian town of Old-Constantine had been the scene of "mutiny and disorders among the Jews" on the occasion of the promulgation of the ukase. Benckendorff, the Chief of the Gendarmerie, [1] conveyed this information to the Tzar, who thereupon gave orders that "in all similar cases the culprits be court-martialed". Evidently, the St. Petersburg authorities apprehended a whole series of Jewish mutinies, as a result of the dreadful ukase, and they were ready with extraordinary measures for the emergency.

[Footnote 1: Since 1827 the Gendarmerie served as the executive organ of the political police, or of the so-called Third Section, dreaded throughout Russia on account of its relentless cruelty in suppressing the slightest manifestation of liberal thought. The Third Section was nominally abolished in 1880.]

However, their apprehensions were unfounded. Apart from the incident referred to, there were no cases of open rebellion against the authorities. As a matter of fact, even in Old-Constantine, the "mutiny" was of a nature little calculated to be dealt with by a court-martial. According to the local tradition, the Jewish residents, Hasidim almost to a man, were so profoundly stirred by the imperial ukase that they assembled in the synagogues, fasting and praying, and finally resolved to adopt "energetic" measures. A petition reciting their grievances against the Tzar was framed in due form and placed in the hands of a member of the community who had just died, with the request that the deceased present it to the Almighty, the God of Israel. This childlike appeal to the heavenly King from the action of an earthly sovereign and the emotional scenes accompanying it were interpreted by the Russian authorities as "mutiny." Under the patriarchal conditions of Jewish life prevailing at that time a political protest was a matter of impossibility. The only medium through which the Jews could give vent to their burning national sorrow was a religious demonstration within the walls of the synagogue.

3. MILITARY MARTYRDOM

The ways and means by which the provisions of the military statute were carried into effect during the reign of Nicholas I. we do not learn from official documents, which seem to have drawn a veil over this dismal strip of the past. Our information is derived from sources far more communicative and nearer to truth—the traditions current among the people. Owing to the fact that every Jewish community, at the mutual responsibility of all its members, was compelled by law to supply a definite number of recruits, and that no one was willing to become a soldier of his own volition, the Kahal administration and the recruiting "trustees," who had to answer to the authorities for any shortage in recruits, were practically forced to become a sort of police agents, whose function it was to "capture" the necessary quota of recruits. Prior to every military conscription, the victims marked for prey, the young men and boys of the burgher class, [1] very generally took to flight, hiding in distant cities, outside the zone of their Kahals, or in forests and ravines. A popular song in Yiddish refers to these conditions in the following words;

[Footnote 1: Compare on the status of the burgher in Russian law Vol. I, p. 308, n. 2. Nearly all the higher estates were exempt.]

Der Ukas is arobgekumen auf judische Selner,
Seinen mir sich zulofen in die puste Wälder…..
In alle puste Wälder seinen mir zulofen,
In puste Gruber seinen mir verlofen
….. Oi weih, oi weih!_….[1]

[Footnote 1: