Clergy.Males.Females.Orthodox Greek clergy of all grades, including the families of ecclesiastics254,057240,748United Greek7,8237,318Catholic2,497Armenian474343Lutheran1,003955Reformed5137Mahommedan Mollahs7,850[A] 6,701Buddhist Lamas[B] 150Nobility.Hereditary nobles284,731253,429Personal nobles, including the children of officers78,92274,273Subaltern functionaries, retired soldiers, and their families187,047237,443Populations bound to military service in time of war.Cossacks of the Don, the Black Sea, the Caucasus, Astrakhan, Azov, and the Danube, Orenburg and the Ural, and of Siberia, Bashkirs, and Mestcheriaks950,698981,467Inhabiting towns, or included in the municipalities.Merchants of the three guilds, including notablebourgeois.131,347120,714Bourgeois and artisans1,339,4341,433,982Bourgeois in the towns of the western provinces7,5226,966Greek of Nejine, armourers of Toula, apprentices in the pharmacies, and others, brokers in the towns, and functionaries in the service of the municipalities10,88210,940Inhabitants of the towns of Bessarabia57,90556,176Inhabiting the rural districts.Serfs of the crown and the apanages10,441,39911,022,595Serfs of the seignorial lands11,403,72211,958,873Nomade races, such asKalmucks, Khirghis, Turkmans, Tatars254,715261,982Inhabitants of the Transcaucasian Provinces689,147689,150Kingdom of Poland2,077,3112,110,911Grand Duchy of Finland663,658708,464Russian colonies in America30,76130,292Total28,883,10630,213,759[A: These figures are evidently misplaced. Ought they to stand for Catholic nuns?—Translator.][B: This number is quite erroneous, for we ourselves found several hundred priests among the Kalmucks of the Volga. The encampment of Prince Tumene, which we visited, alone possesses more than 200.]
Soldiers and sailors in actual service, their wives and families, not having been included in this total, the gross amount of the population of the empire appears to be about 61,000,000,—at least if we may judge from the ministerial table, the correctness of which we by no means guarantee.
According to the report of the ministry of the interior, the part of the population of European Russia not belonging to the orthodox Greek church, was, in 1839, as follows:
Catholics2,235,586Gregorian Armenians39,927Catholic Armenians28,145Protestants1,500,000Mohammedans1,530,726Jews1,069,440Buddhists65,000Total6,868,824
[11]We have not the honour of being acquainted with the Emperor of Russia's secret thoughts, and we willingly ascribe to a certain liberalism all the ukases concerning the emancipation of the slaves; it is possible, however, that the tzar's measures may have been prompted, in a great degree, by the fears with which he regards an aristocracy still possessing more than 20,000,000 of slaves.
[11]We have not the honour of being acquainted with the Emperor of Russia's secret thoughts, and we willingly ascribe to a certain liberalism all the ukases concerning the emancipation of the slaves; it is possible, however, that the tzar's measures may have been prompted, in a great degree, by the fears with which he regards an aristocracy still possessing more than 20,000,000 of slaves.
CONSTITUTION OF THE EMPIRE; GOVERNMENTS—CONSEQUENCES OF CENTRALISATION; DISSIMULATION OF PUBLIC FUNCTIONARIES—TRIBUNALS—THE COLONEL OF THE GENDARMERIE—CORRUPTION—PEDANTRY OF FORMS—CONTEMPT OF THE DECREES OF THE EMPEROR AND THE SENATE—SINGULAR ANECDOTE; INTERPRETATION OF A WILL—RADICAL EVILS IN THE JUDICIAL ORGANISATION—HISTORY AND PRESENT STATE OF RUSSIAN LAW.
CONSTITUTION OF THE EMPIRE; GOVERNMENTS—CONSEQUENCES OF CENTRALISATION; DISSIMULATION OF PUBLIC FUNCTIONARIES—TRIBUNALS—THE COLONEL OF THE GENDARMERIE—CORRUPTION—PEDANTRY OF FORMS—CONTEMPT OF THE DECREES OF THE EMPEROR AND THE SENATE—SINGULAR ANECDOTE; INTERPRETATION OF A WILL—RADICAL EVILS IN THE JUDICIAL ORGANISATION—HISTORY AND PRESENT STATE OF RUSSIAN LAW.
The existing division of the Russian empire into fifty-six governments dates from the reign of the Emperor Paul. A nearly similar organisation existed indeed in the time of Catherine II., but the functions of the governors had a much wider range at that period than in our days, and those administrators, called by the empress her stewards, enjoyed nearly sovereign power.
The Russian governments correspond to the French departments, the districts to sub-prefectures; each government has its chief town, which is the seat of the different civil and military administrations.
The governor, who has the exclusive charge of the civil administration, nominates to various secondary places, is the head of the college ofprévoyance, and ex-officio inspector of the schools, can demand an account of their proceedings of all the provincial authorities except the high court, and determines administrative questions with the aid of a council of regency composed of two councillors and a secretary, nominated by the emperor.
At first sight the governor's power seems unlimited; and indeed he has all the authority requisite to do mischief, but very little to do good. In Russia the most laudable intentions and the most brilliant capabilities are completely paralysed, and the chief administrators must, whether they will or not, undergo the disastrous consequences of the venality and corruption of their subordinates. Distrust and suspicion have been made the essential basis of the organisation of the bureaucracy. By surrounding the high functionaries with a multitude ofemployés, and subjecting them to countless formalities, it was thought the abuses of power would be hindered; and all that is come of it is the creation of an odious class, who use the weapons put into their hands to cheat the government, rob individuals, and prevent honest men from labouring for the prosperity of their country. The governors have not even the right of inquest in judicial questions, and the judges may, by entrenching themselves behind the text of the rules, pronounce the most iniquitous sentences with impunity. I have known some true-hearted and generous administrators, but all after struggling for long years to arrive at some sage reforms, at last gave up their efforts in despair, and most of them fell into disgrace through the multiplied intrigues of their subordinates. In each chief town it is the secretary, the head of the chancery, who is the real wielder of the power of government. He alone is regarded as knowing the text of the Russian laws; so that, in order to oppose any measure of the governor's, he has but to cite a few phrases, more or less obscure, from the code of regulations, and it very rarely happens that his principal ventures, without his approbation, to take on himself the responsibility of any administrative act. There have been instances in which governors, disregarding bureaucratic formalities, and acting for themselves, have impeded the execution of a decree of the tribunals; but they have never failed to expiate their audacity by dismissal, unless they were supported by a high social position and potent protectors.
Furthermore, the representatives of government are so cramped in their powers, that a governor-general, who often rules over several millions of men, cannot dispose of 200l.without the sanction of the ministry.
Centralisation, no doubt, has its advantages; but in a country sovast, and of such varied wants as Russia, it is impossible that a minister, be his talents what they may, can ever satisfy the reasonable demands of all parts of the empire. The consequence is that the most useful projects are almost always neglected or rejected in the provinces remote from the capital.
Another evil, not less deplorable, is the necessity of practising mutual deception, under which the public functionaries labour. A public servant never thinks of making known to his superior the real situation of the country he governs: either he ridiculously exaggerates the good, or he is absolutely silent as to what is bad. In the latter case, he acts only in accordance with the imperative dictates of prudence, for if he declared the truth he would infallibly incur disgrace, and would even run the risk of being dismissed. So whenever a public calamity happens, it is only at the last extremity, and when the mischief is become irremediable, that he makes up his mind to call for an aid that usually comes not at all, or else is sure to come too late.
This profound dissimulation, joined with the jealousy which the distinctions of rank excite among theemployés, does incalculable damage to the empire by impeding every useful reform. However, of all the sovereigns of the empire, the Tzar Nicholas is, perhaps, the one to whom truth and plain dealing are most welcome, and with whom well-grounded censure finds most acceptance. Unfortunately, since Potemkin's mystifications, falsehood has become a normal thing with the Russianemployés, and the basis of all their proceedings, and hitherto the imperial will has been incapable of eradicating this fatal evil.
The superior court of justice sitting in the chief place of each government, and comprising a civil and a criminal section, consists of two presidents, two councillors, two secretaries, and eight assessors, four of whom are burghers. The emperor endeavoured in 1835 to extend the rights of the nobility, by making the offices of president and judge in these tribunals elective, but this change appears to have produced but very unfavourable results. As all the great proprietors had very little inclination to fill such offices, the electors had no opportunity of making a good choice, and at last it was found necessary to return to the old institutions.
The superior court of justice decides finally in all civil cases, in which the sum in dispute does not exceed 500 rubles. Over it are the various departments of the senate and the general assembly, resident partly in St. Petersburg, and partly in Moscow, and constituting two courts to which appeals lie from the governmental courts. There is no appeal from the decisions of the general assembly of the senate, or from those of the council of the empire approved by the emperor, except on the ground of misrepresentations in the evidence.
In the district courts (corresponding to the Frenchtribunaux de première instance) there are also two sections, civil and criminal, consisting each of a president, a secretary, having under him severalemployéswho constitute the chancery, and four assessors, two of whom are chosen from among the inhabitants of the rural district. These latter sit only in cases where peasants are concerned.
There is likewise in each governmental chief town, and in each district town, an inferior court, specially charged with the affairs of the rural police, the taking of informations in criminal affairs, summary jurisdiction as to minor offences, and the execution of sentences. This court consists of a president, calledispravnik, and four assessors, two of them nobles, two peasants. These judges, who are all elected by the nobles, are assisted by a secretary, the onlyemployédirectly dependent on the government.
The chief towns and the district towns have also a sort of municipal council, consisting of a mayor (golova), and four assistants, elected by the municipality, and afterwards approved of by the government. This council acts also as a tribunal, and takes cognizance of all the petty cases of litigation that may arise among the townsfolk. A nearly similar institution exists among the peasants of the empire.
We will not speak of the colleges of wards, the committees of the nobles presided over by the marshals of the nobles, the courts of conscience which try cases between parents and children, &c. The members of all these institutions are elected, but their functions are too insignificant to demand mention here.
One of the most influential personages in each government, is the colonel of the gendarmerie, who is completely independent of the governor. He is the head of the secret police, corresponds directly with the minister, and has it in his power, if he is an honest man, to do much good by the rigorous control he can exercise over all theemployésof a province.
This justiciary scheme is in itself very liberal, and ought, one would suppose, to satisfy the wants of the population; but like the governors, the judges of the different tribunals are in fact but puppets, moved at the discretion of the subordinate clerks, who alone are masters of the tricks and quibbles of Russian jurisprudence, and legal practice. The lowest clerk in a chancery has often more influence than the president himself, and the suitor who refuses to be squeezed by him may be quite certain thathe will never see the termination of his cause. It is impossible to imagine with what adroitness all these fellows, many of whom receive for salary only sixty or a hundred rubles a year, manage to sweat the purses of those who require their assistance. Justice is continually violated in favour of the highest bidder, and thanks to the number of contradictory ukases which pass for laws, the most audacious robberies are unblushingly committed without the possibility of redress. It may be asserted with truth, that the jurisdictional authority in Russia resides in the offices of court rather than in the persons of the judges. The secretary is the omnipotent arbiter of sentences, and dictates them under the influence of money and the bureaucracy.
Nothing can give an idea of the arts of knavery and chicane put in practice to fleece the unfortunates who have to do with the underlings of justice. The rigorous stickling for forms, and the multitude of papers, are a curse to the country; no business is done by word of mouth in Russia.[12]All law proceedings are carried on in writing; the slightest question and the most trivial explanation must be put down on stamped paper according to the appointed forms. Hence it may be conceived that with the horrible spirit of chicanery that characterises theemployés, and the readiness with which they can find a flaw (akrutchukas they call it), in every paper, legal proceedings are spun out to an indefinite length, and scarcely end until both parties are ruined, or until the one prevails over the other by dint of money and corruption. I have often known a document to be sent back from St. Petersburg after a lapse of six months, merely because this or that phrase was not written according to rule. The government of Bessarabia alone paid 63,000l.for stamps, in the course of four years, and the population of that province does not exceed 500,000. The want of publicity, moreover, has the most pernicious influence on the administration of justice. All judgments are made up in secret; there are no open pleadings; law processes consist from first to last in piles of paper, which enrich the judges and their subordinates, but in no-wise affect their opinions, which are always based on the most advantageous offers.
This woful state of things is further aggravated by the fact that the judges are secure from all responsibility; in whatever manner they decide a cause, they always do so in accordance with the laws, provided they observe the due forms; but what is really incredible, is the impudence with which the lowest tribunal of a district town presumes to annul both the decrees of the emperor and those of the general assembly of the senate. I will mention in illustration a certain suit brought against the heirs of a rich landowner in Podolia, who was deeply indebted at his death to the imperial bank of St. Petersburg and to several foreign bankers. These latter having become creditors before the bank, naturally claimed to be paid in the first instance. The consequence was a suit, which had been going on for twelve years when I arrived in Russia. The foreigners were defeated in the district court, but they gained their cause successively in the governmental court and the general assembly of the senate, and finally they obtained a decree in their favour from the emperor himself; but the district tribunal, under pretext that certain regulations had been violated, took upon itself to annul all the decisions of the senate, and to make the whole suit be begun over again.
It sometimes happens, however, that the imperial will is declared in so positive a manner, that all the tricks and subterfuges of judges and secretaries must give way to it. Here is an anecdote thatconveys a perfect notion of what law means in Russia. In Alexander's reign the Jesuits had made themselves all-powerful in some parts of Poland. A rich landowner and possessor of 6000 peasants at Poltzk, the Jesuit head-quarters, was so wrought on by the artful assiduities of the society that he bequeathed his whole fortune to it at his death, with this stipulation, that the Jesuits should bring up his only son, and afterwards give him whatever portion of the inheritancethey should choose. When the young man had reached the age of twenty, the Jesuits bestowed on him 300 peasants. He protested vehemently against their usurpation, and began a suit against the society; but his father's will seemed clear and explicit, and after having consumed all his little fortune, he found his claims disowned by every tribunal in the empire, including even the general assembly of the senate. In this seemingly hopeless extremity he applied to a certain attorney in St. Petersburg, famous for his inexhaustible fertility of mind in matters of cunning and chicanery. After having perused the will and the documents connected with the suit, the lawyer said to his client, "Your business is done; if you will promise me 10,000 rubles I will undertake to procure an imperial ukase reinstating you in possession of all your father's property." The young man readily agreed to the bargain, and in eight days afterwards he was master of his patrimony. The decision which led to this singular result rested solely on the interpretation of the phrasethey shall give him whatever portion they shall choose, which plainly meant, as the lawyer maintained, that the young man was entitled exclusively to such portion as the Jesuitschose,i. e., to that which they chose and retained for themselves. The emperor admitted this curious explanation; the son became proprietor of 5700 peasants, and the Jesuits were obliged to content themselves with the 300 they had bestowed on their ward in the first instance. Assuredly the most adroit cadi in Turkey could not have decided the case better.
We have already seen that litigants can appeal to the governmental court, and again to the general assembly of the senate, in all suits for more than five hundred rubles. This privilege instead of being advantageous, appears to us to be highly the reverse. In France, where distances are short, and where justice is administered with a promptitude and impartiality elsewhere unexampled, the appeal to the court of cassation affords the most precious guarantee for the equitable application of the laws. Besides this, it only gives occasions to a revision of the documents in the case, and to a new trial before another tribunal if there have been any error of form; but in Russia, where distances are immense, and where all things conspire to render suits interminable, litigants from the provinces can only ruin themselves by using their right of recourse to the tribunals of St. Petersburg. I have known landowners who spent twenty years of their lives in prosecuting a suit in the capital, and who died without having obtained judgment. It must beacknowledged, however, that appeals to St. Petersburg are justified to a certain extent by the deplorable nature of governmental justice.
The last radical vice we have to mention has its origin in the nobiliary system of Peter the Great, in inadequate salaries and the want of a special body of magistrates. We have seen the necessity entailed on all freemen of entering the service of the state and acquiring a more or less elevated rank, the consequence is, that all the public departments are overburdened withemployés; and as most of them have no patrimony and are very scantily paid, sometimes not paid at all, they are of course driven to dishonest shifts for their livelihood. Even the heads of departments are not sufficiently remunerated to be safe from the many temptations that beset them. The government has indeed augmented their salaries at various times, but never in a sufficient degree to produce any desirable reform in their conduct. The office of judge, too, is not regarded with sufficient respect and consideration to make it an object of ambition to the high nobility; it is filled in all instances by the lowest privileged class in the empire, or bestowed as a recompense on retired military men. This will no doubt appear extraordinary; but it must be remembered that there exists as yet in Russia no distinct corps of magistrates, nor any official class of lawyers; the members of the several tribunals, whether elected by the nobles, or nominated by the emperor, are by no means expected to be acquainted with jurisprudence and the laws, and if any among them have studied law in the universities this is a mere accident. Those of them who are honest, judge according to their conscience and their common sense; the others give their voices for those who have bought them.
It is the same with the senate, the supreme judicial court in the empire. It consists only of military veterans, and superannuated servants of the state; in a word, of men who know nothing whatever of law. Hence it is easy to conceive the unlimited power exercised in all these courts by the government secretaries, who, when they know by heart the some thousands of ukases that form what is called the imperial code, pass for eminent lawyers in the eyes of the Russians.
The same evil affects, to an equal degree, all the administrative departments. In Russia, no calling or profession has its limits strictly defined; a man passes indifferently from one service to another. A cavalry officer, for instance, will be nominated as director of a high school, an old colonel as head of a custom-house, and so forth.
In addition to the laws which are peculiar to it, Russian legislation evidently comprises two foreign elements, the German and the Roman. Germanic law was introduced into Russia by the Varengians, a branch of the Northman stock. To the leaders of those warriors the country owes the origin of its feudal system. Subsequently, when the Russians were converted to Christianity, Vladimir adoptedcertain parts of the Roman law as modified by the Byzantines. But if we may judge from the documents furnished by the Nestorian chronicle, it would appear, that previously to that epoch, the Russians had already borrowed some particulars from the Roman code, and blended them with their customary law of indigenous and German origin.
The first written code mentioned in Russian history, is that of Jaroslav, who reigned in the beginning of the thirteenth century; from that period the country remained quite stationary, in consequence of the continual wars and troubles occasioned by its territorial division; and more than a century of suffering and anarchy prepared the nation to submit without resistance to a foreign yoke.
It was in 1218 that the Tatars crossed the Volga and seized the dominions of the tzars; and whilst Europe, under the energetic influence of the crusades and of the lights of the Lower Empire, was sapping the edifice of feudalism, and labouring towards its future glorious emancipation, Russia remained for more than 300 years in ignominious thraldom, taking no part in the great intellectual movement of the fifteenth century, retrograding rather than advancing, debasing its national character day by day, and thus heaping up against the progress of civilisation, obstacles which the genius of its modern sovereigns has not yet been able to annihilate.
In the ever memorable reign of Ivan III. the Tatars were expelled from the greater part of Russia, the dissensions caused by the parcelling out of the empire were extinguished, the several principalities were united into a single body, and legislative labours were resumed after four hundred years of inaction.
Ivan III. had a collection made of all the old judicial constitutions, and published, with the assistance of the metropolitan Jerome, a collection of laws, which is not without merit, considering the period when it was made. But this code allowed wager of battle; and murder, arson, and highway robbery, continued to be judged in the lists.
About 1550, Ivan IV. surnamed the Terrible, completed the code of laws promulgated by his grandfather, Ivan III. and put a check upon the territorial aggrandisements of the clergy. The new code, known by the name ofSudebnick, remained in force almost without any change, until the accession of the tzar Alexis Michaelovitz (father of Peter the Great), who, having collected the laws of the several provinces of the empire, published them in 1649, under the title ofUlogeniè. This collection, the first printed in Russia, was begun and completed within the space of two months and a half; but notwithstanding its imperfection, it has nevertheless, served as the foundation on which all subsequent improvements have been based.
Since the reign of Peter the Great, ten commissions have been successively employed in the codification of the Russian laws. Wewill not enter into the details of the changes introduced by them: on this subject, the work published by M. Victor Foucher, and the "Coup d'oeil sur la législation Russe," by M. Tolstoi, may be consulted with advantage. The tenth commission was appointed in 1804, and sat until 1826. It applied itself earnestly to the construction of the civil, penal, and criminal codes; but numerous difficulties prevented it from completing its task.
On his accession to the throne, the Emperor Nicholas promised at first a new code which should correct and complete its predecessors. But the difficulties were too great, and he ended by adopting a digest, which merely classified according to their subjects all the existing laws promulgated since the general regulation of 1649, effected by Alexis Michaelovitz. In 1826, he laid down the following rules for this revision.
1. Enactments fallen into desuetude to be excluded.
2. All repetitions to be suppressed, by choosing among statutes to the same effect that one which is most complete.
3. The spirit of the law to be preserved by expressing in a single rule the substance of all those that treat of the same matter.
4. The acts from which each law is drawn are to be exactly set forth.
5. Between two contradictory laws, the preference to be given to the more recent.
The design of the Emperor Nicholas was speedily carried into effect. The complete collection of the laws of the empire was published in 1830; and on the 31st of January, the tzar announced in a manifesto that the classification of the law as a systematic body was terminated. The matter was then spoken of in the Russian journals in 1830:
"The second section of the private chancery of his majesty the emperor has just finished printing the first collection of the laws of the Russian empire from 1649 to December 12, 1825 in forty-five volumes, 4to.
"This collection consists of four principal parts: 1, the text of the laws from the general regulation of 1649 to the first manifesto of the Emperor Nicholas (December 12, 1825), in forty volumes. This part comprises 30,920 laws, rules, treaties, and acts of various kinds; 2, a general index containing a chronological table, which is in some sort a juridical dictionary for Russia; 3, a book of the appointments of civil functionaries and of the administrative expenditure and the tariffs from 1711 to 1825, to the number of 1351; 4, a book of the plans and designs pertaining to the several laws.
"The laws and acts belonging to the reign of his majesty the Emperor Nicholas, will form the second collection beginning on the 12th of December, 1825. The printing is already begun, and it will appear in the course of the year. A supplement to it will afterwards be published every year.
"The laws anterior to the year of 1649, which are generallyconsidered as obsolete, but which are nevertheless of high importance as regards, history, will form a separate collection under the name of the ancient laws.
"This first collection was begun in 1826, and finished on the 1st of March, 1830. The printing began on the 21st of May, 1828, and ended on the 1st of April last, at the press of the second section of his majesty's chancery. For the composition of this collection, it has been necessary to collate and extract from 3396 books of laws. The forty volumes of the text, and the volume of the chronological index, contain 5284 printed sheets.
"This book will be ready for sale on the 1st of June at the printing-office. The price of the forty-five volumes is 500 paper rubles.
"By a rescript of the 5th of April last, addressed to the privy-councillor Dashkof, adjunct of the minister of justice and director of that ministry, his majesty the emperor notifies to him the order he has given to furnish copies of the collection to all the departments of the senate, and to all the tribunals and administrations of the government, and directs him to concert with the ministers of finance and of the interior for the prompt delivery of these books in all the governments, so that they may be kept and employed in due manner."
Thus the code of the Emperor Nicholas is, in fact, but a systematic collection of all the laws promulgated within the last 200 years, or thereabouts. It contains not one new idea, not one modification required by the actual situation of the empire, not one thought for the future. Now if we reflect that the study of 3396 books of laws, and the revision of 50,000 laws or ukases, have taken place within the short period of two years, and that the men who had to perform this task, were far from being jurisconsults, we shall perceive that such a work must be very imperfect, and that it must have been totally impossible to fulfil the intentions of the tzar, as expressed in the instructions above cited. The empire, indeed, possesses fifty-five bulky volumes of laws, but the inconveniences resulting from the multiplicity of contradictory ukases, and from others ill adapted to the necessities of the country, have been retained in them to a great extent; and the experience of thirteen years has shown the insufficiency of this collection, and its little influence on the course and conduct of lawsuits. Another defective point in this improvisated legislation, is its pretension to satisfy the requirements of the future by admitting, as a complement to the body of the statutes, all the ukases issued, or to be issued by the emperor. If to these 30,920 laws already existing, this palladium of justice already so formidable, there be added every year a supplementary volume equal in capacity to the average legislative contributions of the last 180 years, every year will then supply its battalion of 172 new laws; and I am at a loss to conceive where there will be found by-and-by a lawyer sufficiently patient to study this new levy of justice, when with all the good will imaginable the mostindefatigable reader can hardly once in his life pass in review the body of the veterans.
In the space of five years since the emperor's manifesto (January 31, 1833), five new volumes have been already added to the collection.
Nevertheless, it cannot be denied that the emperor's performance is extremely meritorious. To him belongs the honour of having been the first to bestow a regular body of laws on his country. Before his time Russia had but a confused and fluctuating legislation, encumbered with an infinity of statutes, the study of which was the more difficult, as no printed collection of them existed. At present it possesses at least a complete digest, within reach of all, and which all may consult and appeal to. Surely a man of the emperor's perseverance and great capacity would not have shrunk from accomplishing a more perfect work, could he have indulged the hope of being seconded by abler and better instructed jurisconsults. But he was compelled of necessity to take the consequences of the want of any thing like a corps of magistrature, and finding he could not do any thing better, he resolved to make no change in the spirit of the laws promulgated during the preceding 200 years, and to follow exactly the course marked out in 1700 by Peter the Great. In this way the codification of the laws became a mere effort of compilation and arrangement, and setting aside the collation of the ukases, the clerks of the second section of the imperial chancery were quite competent to the task.
It will not be altogether uninteresting to place here a detailed table of the population in a governmental chief town. An examination of such documents may lead to very curious comparisons and reflections. The town we have chosen is Kichinev, the capital of Bessarabia, and the figures we give have been extracted directly from the books of the provincial governor's chancery.
Men.Women.Monks16Priests89126Servants11459Military officers[A] in active service13953Superior officers in the civil service, ditto339236Officers of the fourteenth class, ditto419163Military officers on leave.Generals11Staff-officers of every grade4231Civil officers on leave.Generals22Superior officers and others107104~~~~~~~~~~Persons employed in the theatre159First guild merchants610Second guild merchants3531Third guild merchants736623Foreigners194144Burghers18,09215,973Government employés of all kinds2,121237Young people reared at the expense of the crown32Soldiers on furlough3112Workpeople415511Gipsy slaves5463German colonists3724Pupils of all kinds99617Total24,03218,429[A: Neither the officers nor the soldiers of the garrison are included in this list.]
[12]The official correspondence of the ministers, and of the civil and military authorities, amounts annually to nearly 15,000,000 of letters, whilst that of all private Russians does not exceed 7,000,000.
[12]The official correspondence of the ministers, and of the civil and military authorities, amounts annually to nearly 15,000,000 of letters, whilst that of all private Russians does not exceed 7,000,000.
PUBLIC INSTRUCTION—CORPS OF CADETS—UNIVERSITIES AND ELEMENTARY SCHOOLS; ANECDOTE—PLAN OF EDUCATION—MOTIVES FOR ATTENDING THE UNIVERSITIES—STATISTICS—PROFESSORS; THEIR IGNORANCE—EXCLUSION OF FOREIGN PROFESSORS—ENGINEERING—OBSTACLES TO INTELLECTUAL IMPROVEMENT—CHARACTERISTICS OF THE SCLAVONIC RACE.
PUBLIC INSTRUCTION—CORPS OF CADETS—UNIVERSITIES AND ELEMENTARY SCHOOLS; ANECDOTE—PLAN OF EDUCATION—MOTIVES FOR ATTENDING THE UNIVERSITIES—STATISTICS—PROFESSORS; THEIR IGNORANCE—EXCLUSION OF FOREIGN PROFESSORS—ENGINEERING—OBSTACLES TO INTELLECTUAL IMPROVEMENT—CHARACTERISTICS OF THE SCLAVONIC RACE.
In contemplating the development and organisation of public instruction in Russia from the time of Peter the Great to these days, one cannot help thinking that the Russians attach infinitely more value to the appearance of progress, than to its real existence. One would say they care very little about scientific and intellectual results, provided their universities and schools be complete in all physical details, and provided they have numerous educational halls graced with the names of all the sciences professed in Europe.
Nevertheless, the sovereigns of Russia have all laboured more or less actively for the propagation of public instruction. Unfortunately they would never suffer themselves to admit that civilisation is a long and difficult work; and incapable of forgetting, even amidst the liberal ideas on which they based their projects, that they were before all things absolute princes, they fancied they could civilise their nation as they had disciplined their soldiers; and then, swayed by vanity and self-conceit, they graciously suffered themselves to be deceived by all the brilliant reports laid before them by the administrative departments.
It was in the reign of Feodor Alexievitz that the first academy was founded in Moscow. The Sclavonic, Greek, and Latin languages were taught there. A university was afterwards established in the same city, and in the reign of Catherine II. St. Petersburg possessed an academy of sciences and the fine arts, and a society of rural economy. But even at that period the spirit of ostentation, which forms the substratum of the Russian character, already revealed itself; and while forming those grand institutions, not a thought had been given to the opening of a single elementary school in either capital. Somewriters indeed allege that Peter I. left behind him, at his death, fifty-one schools for the people, and fifty-six for the military; but I have always been disposed to think that those establishments existed but in name, and my researches have but confirmed that opinion.
The first elementary institution of any importance founded in the new capital, dates only from the beginning of the eighteenth century: it is the school of the cadet corps, exclusively reserved for the young nobility, and intended to form officers for the land and sea service, and for the engineers. In order to judge of the instruction afforded in it, one ought to be able at least to mention some of its pupils who have been distinguished for their talents, and who have acquired a certain degree of celebrity; but it is as difficult to name any such, as to discover men of learning and science among the members of the various academies mentioned above. Be this as it may, we cannot help entertaining a very mean opinion of the spirit and organisation of all these establishments founded by Peter the Great, and by the sovereigns who succeeded him during the latter part of the eighteenth century.
The first institution in favour of the people was created in St. Petersburg in 1764: it was an educational establishment for the daughters of burghers and gentlemen of scanty fortune. It was founded by Catherine II., who in taking measures by preference for the education of women, seems to have intended to prepare them for usurping in their domestic circle the same absolute sway which she was herself about to exercise over the whole empire.
Elementary schools were not actually opened to the public until 1783, and that only in some of the great towns of the empire. As all these ill-contrived early institutions possess little interest, I will pass on to the consideration of the present state of public instruction. The existing system dates from Alexander's reign. The course adopted in the beginning was on all points similar to that pursued by Peter the Great and Catherine II. The first thing thought of was the establishment of universities; those of Dorpat and Vilna were re-established; that of Moscow was reformed, and new ones were founded in Kasan and Kharkof. As for elementary schools, they were completely overlooked. The following anecdote will give an idea of the primitive state of the great colleges of the empire.
A German gentleman in the Russian service travelled in the Crimea, in 1803. On passing through Kharkof, curiosity induced him to visit the university, which had been opened in the town about a year before. While looking over the cabinet of natural philosophy, he perceived with amazement that the professor of that branch of science did not even know the names of the few instruments at his command. Unable to conceal his surprise, he asked his guide where he had been professor before he became attached to the university. "I never was a professor before," was the reply. "Where did you study?" "I learned to read and write in Moscow." "How did you obtain therank of professor of natural philosophy?" "I was an officer of police; my age no longer allowed me to support the fatigues of my duty; so hearing that a place which would suit me better was vacant in the academy, I applied for it. Thirty years' service, good certificates, and the influence of a patron, enabled me to obtain it." "And what are the duties belonging to your place?" "I have to inspect the instruments, and keep them in order, and I am directed to show them to such persons of distinction as may please to visit the university."
This happened, it is true, in 1803, and I only mention the fact to show the spirit that prevailed in the establishment of these learned institutions. The university of Kharkof is now in a better condition, and I know many professors there of real merit, distinguished among whom are Doctor Vancetti, equally remarkable for his acquirements and his philanthropy, and Professor Kalenitchikov, who devotes himself with success to all branches of natural history.
At last, however, it was felt that universities were insufficient, and could not exist without elementary schools. Some years after the accession of Alexander, gymnasiums were therefore established in all the governmental chief towns; and the district towns had their primary institutions, in which were to be taught reading and writing, the elements of grammar and arithmetic, the history of Russia, sacred history, geography, geometry, and the rudiments of Latin.
The course of instruction in the gymnasia was more extensive, and embraced special mathematics, logic, rhetoric, and physics. Lastly, the pupil was advanced to the university, where he went through a complete course of study, comprising the sciences, the liberal arts, literature.
At first sight it would appear that this well conceived plan of studies ought to have had the most satisfactory results; but this was not altogether the case. The nobiliary system of the empire, and certain regulations of detail and discipline combined to destroy the reasonable hopes founded on such liberal institutions.
The Russian universities unquestionably number among their professors some distinguished men, equally devoted to science and to the duties of their calling; but the social ideas prevalent in the country render their efforts almost always unavailing, and they find themselves compelled to restrict their course of instruction within the narrow routine prescribed to them.
Now and always the universities and gymnasia are and have been for the most part attended only by pupils of the class of petty nobles, or of those of the priests and burghers. As for the sons of the aristocratic families, they are generally educated at home by private tutors, and as they are almost all intended for the army, they enter at once into the corps of cadets established in St. Petersburg.
According to a table published by the ministry of the interior, all the first class establishments for public instruction, that is to say the universities, the two medico-chirurgical academies, the pedagogicinstitute and the three lycea, contained in 1840 only 612 functionaries and professors, and 3809 pupils, the numbers being thus made up: