permitted by special legislation. The dimensions of the draft were such that even the Government was appalled and decided to turn it over to the ministerial members of the Committee.

[Footnote 1: See Vol. I, p. 407 et seq.]

Modified in shape and reduced in size, the code was submitted in 1834 to the Department of Laws forming part of the Council of State, and after careful discussion by the Department of Laws was brought up at the plenary sessions of the Council. The "ministerial" draft, though smaller in bulk, was marked by such severity that the Department of Laws found it necessary to tone it down. The ministers, with the exception of the Minister of Finance, had proposed to transfer all Jews, within a period of three years, from the villages to the towns and townlets. The Department of Laws considered this measure too risky, pointing to the White Russian expulsion of 1823, which had failed to produce the expected results, and, "while it has ruined the Jews, it does not in the least seem to have improved the condition of the villagers." [1] The plenum of the Council agreed with the Department of Laws that "the proposed expulsion of the Jews (from the villages), being extremely difficult of execution and being of problematic benefit, should be eliminated from the Statute and should be stopped even there where it had been decreed but not carried into effect."

[Footnote 1: Compare Vol. I, p. 407.]

The report was laid before the Tzar, who attached to it the following "resolution": [1] "Where this measure (of expulsion) has been started, it is inconvenient to repeal it; but it shall be postponed for the time being in the governments in which no steps towards it have as yet been made." For a number of years this "resolution" hung like the sword of Damocles over the heads of rural Jewry.

[Footnote 1: See on the meaning of the term "resolution" Vol. I, p. 253, n. 1.]

Less yielding was the Tzar's attitude on the question of the partial enlargement of the Pale of Settlement. The Department of Laws had suggested to grant the merchants of the first guild the right of residence in the Russian interior in the interest of the exchequer and big business. At the general meeting of the Council of State only a minority (thirteen) voted for the proposal. The majority (twenty-two) argued that they had no right to violate the time-honored tradition, "dating from the time of Peter the Great," which bars the Jews from the Russian interior; that to admit them "would produce a very unpleasant impression upon our people, which, on account of its religious notions and its general estimate of the moral peculiarities of the Jews, has become accustomed to keep aloof from them and to despise them;" that the countries of Western Europe, which had accorded fall citizenship to the Jews, "cannot serve as an example for Russia, partly because of the incomparably larger number of Jews living here, partly because our Government and people, with all their well-known tolerance, are yet far from that indifference with which certain other nations look upon religious matters." After marking his approval of the last words by the marginal exclamation "Thank God!", the Tzar disposed of the whole matter in the following brief resolution: "This question has been determined by Peter the Great. I dare not change it; I completely share the opinion of the twenty-two members."

While on this occasion the Tzar endorsed the opinion of the Council as represented by its majority, in cases in which it proved favorable to the Jews he did not hesitate to set it aside. Thus the Department of Laws, as part of the Council of State, and, following in its wake, the Council itself had timidly suggested to Nicholas to comply in part with the plea of the Jews for a mitigation of the rigors of conscription, [1] but the imperial verdict read: "To be left as heretofore." Nicholas remained equally firm on the question of the expulsions from Kiev. The Department of Laws, guided by the previously-mentioned representations of the local governor, favored the postponement of the expulsion, and fourteen members of the plenary Council agreed with the suggestion of the Department, and resolved to recommend it to the "benevolent consideration of his Majesty," in other words to request the Tzar to revoke the baneful ukase. But fifteen, members rejected all such propositions on the ground that, as far as that question was concerned, the imperial will was unmistakable, the Tzar having decided the matter in a sense unfavorable to the Jews. In a similar manner, numerous other decisions of the Council of State were dictated not so much by inner conviction as by fear of the clearly manifested imperial will, which no one dared to cross.

[Footnote 1: The Kahal of Vilna, in a memorandum submitted in 1835, pleaded for the abolition of the dreadful institution of cantonists, and begged that the age limit of Jewish recruits be raised from 12-15 to 20-35.]

Under these circumstances, the entire draft of the statute passed through the Council of State. In its session of March 28, 1835, the Council voted to submit it to the emperor for his signature. On this occasion a solitary and belated voice was raised in defence of the Jews, without evoking an echo. A member of the Council, Admiral Greig, who was brave enough to swim against the current, submitted a "special opinion" on the proposed statute, in which he advocated a number of alleviations in the intolerable legal status of the Jews. Greig put the whole issue in a nut-shell: "Are the Jews to be suffered in the country, or not?" If they are, then we must abandon the system "of hampering them in their actions and in their religious customs" and grant them at least "equal liberty of commerce with the others," for in this case "we may anticipate more good from their gratitude than from their hatred." Should, however, the conclusion be reached that the Jews ought not to be tolerated in Russia, then the only thing to be done is "to banish them all without exception from the country into foreign lands." This might be "more useful than to allow this estate to remain in the country and to keep it in a position which is bound to arouse in them continual dissatisfaction and resentment." It need scarcely be added that the voice of the "queer" admiral found no hearing.

Nor did the Jewish people manage to get a hearing. Stunned by the uninterrupted succession of blows and moved by the spirit of martyrdom, Russian Jewry kept its peace during those dismal years. Yet, when the news of an impending general regulation of the Jewish legal status began to leak out, a section of Russian Jewry became astir. For to anticipate a blow is more excruciating than to receive one, and it was quite natural that an attempt should be made to stay the hand which was lifted to strike. Towards the end of 1833 the Council of State received, as part of the material bearing on the Jewish question, two memoranda, one from the Kahal of Vilna, signed by six elders, and another from Litman Feigin of Chernigov, well known in administrative circles as merchant and public contractor.

The Kahal of Vilna declared that the repressive policy, pursued during the last few years by the "Jewish Committee," had thrown a large part of the Jewish people "into utmost disorder," and had made the Jews "shiver and shudder at the thought that a general Jewish statute had been drafted by the same Committee and had now been submitted to the Council of State for revision." The petitioners go on to say that, weighed down by a succession of cruel discriminations affecting not only their rights but also their mode of discharging military service, the Jews would succumb to utter despair, did they not repose their hopes in the benevolence of the Tzar, who, on his recent trip through the Western provinces, had expressed to the deputies of the Jewish communes his imperial satisfaction with the loyalty to the throne