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in their previous condition of subjection to the landlords and indisputably to fulfil their former obligations.

7. The landowners are to see that order is maintained on their estates, and preserve the right of the dispensation of justice until the formation and opening of the Volost tribunals.

In contemplating the inevitable difficulties of the reform, We first of all lay Our trust in God's most gracious Providence, which protects Russia.

After this We rely on the valiant zeal of the Honourable body of the Nobility, to whom We cannot but testify the gratitude it has earned from Us and from the whole country for its disinterested action in the realisation of Our preconceived plans. Russia will not forget that it has voluntarily, incited only by respect for the dignity of man and Christian love for its neighbour, renounced serfdom and laid the foundation of the new agricultural future of the peasant. We believe unquestioningly that it will continue its good work by ensuring the orderly accomplishment of the new regulations, in the spirit of peace and benevolence; and that each landowner will complete within, the limits of his own estate, the great civic movement of the whole body, by organising the existence of the peasants settled on his lands, and that of his domestic servants, upon conditions advantageous to both sides, thus setting the rural population a good example, and encouraging it in the exact and conscientious fulfilment of the state regulations.

The examples that We have in view of the generous solicitude of the landlords for the welfare of the peasants, and the gratitude of the peasants for the beneficent solicitude of the landlords, confirm in Us the hope that mutual, spontaneous agreement will solve the greater number of difficulties; difficulties which are inevitable in the adaptation of general rules to the diversity of conditions existent in separate estates; and that by this means the transition from the old order to the new will be facilitated, and that for the future, mutual confidence, good understanding.and unanimous striving for the common welfare will be consolidated.

For the more convenient accomplishment of those agreements between the landlords and peasants, by which the latter will acquire property, together with the farms and agricultural appendages, assistance will also be afforded by the government, on the basis of special rules, by the payment of loans, and the transfer of debts lying on the estates.

We rely upon the good sense of Our people. When the government's idea of the abolition of serfdom became spread amongst the peasants who were unprepared for it, it aroused partial misunderstandings. Some thought of liberty and forgot all about obligations. But the mass of the people did not waver in the conviction, that by natural reasoning, a society that freely enjoyed benefits must mutually minister to the welfare of society by the fulfilment of certain obligations, and that in accordance with the Christian law, every soul must be subject unto the higher powers (Rom. xiii, 1), must render therefore to all their dues, and especially to whom are due tribute, custom, fear, honour (v. 7); that the lawfully acquired rights of the landowners cannot be taken from them without fitting recompense for their voluntary concession; and that it would be opposed to all justice to avail oneself of the land belonging to the landlord without rendering certain obligations in return for it.

And now we hopefully expect that the serfs, in view of the new future opening for them, will understand and gratefully receive the great sacrifice made by the honourable nobility for the improvement of their condition.

They will understand, that having received a firmer foundation of property and greater freedom in the disposition of their agricultural labours, they have

[1861 A.D.]

become bound, before society and themselves to complete the beneficence of the new law by a faithful, well-intentioned and diligent use of the rights conferred by it upon them. The most beneficent law cannot make people happy and prosperous, if they do not themselves labour to establish their felicity under the protection of the law. Competence and ease are not acquired and increased otherwise than by unremitting labour, a wise use of powers and means, strict thrift and an honest, God-fearing life.

The executors of this new system will see that it is accomplished in an orderly and tranquil manner, so that the attention of the agriculturists may not be drawn off from their necessary agricultural occupations. May they carefully cultivate the earth, and gather its fruits in order that afterwards from well-filled granaries the seed may be taken for sowing the land that is for their perpetual enjoyment, or that will be acquired by them as their own property.

Sign yourselves with the sign of the cross, orthodox people, and call upon God with Us for His blessing on your free labour, on your homes and on the public welfare.

Given in St. Petersburg, on the nineteenth day of February in the year one thousand eight hundred and sixty-one from the birth of Christ, and the seventh of Our reign.

ALEXANDER./

EFFECTS OF THE NEW CONDITIONS

Let us now turn our attention to the epoch in which this law was published. As regards the effect of the new law on the mind of the population, it was soon evidenced, that the cultivated classes, burdened as they were with sacrifices for the work of reform, expressed their joy and satisfaction at this great acquisition, far more readily than the peasants, whom it immediately concerned. The disaffected portion of the Russian nobility was and remained decidedly in the minority, especially under the first impression of the great and decided step that had been taken, and no one ventured to manifest disapproval. Public opinion had declared itself too decidedly in favour of the government for any one to venture on opposition. On the contrary, the number was by no means unimportant, of those among the nobles and officials, who exceeded even the demands of the government, and who could not suppress their vexation, that their desire that the lands possessed by the community should be gratuitously transferred into their property, had been disregarded. Although these voices were not distinctly audible until a later period, still from the first they had influence, because they could reckon on the sympathies of the freed portion of the population. Moreover a great part of the nobles, at that time, looked for a rich compensation for the sacrifice they had made; they hoped to be able to excite public opinion in favour of the embryo demand for the restoration of a constitution, and by its assistance to reach the desired goal. Thus the disaffected feelings of the hitherto ruling classes were veiled, and maintained in one balance, by hopes of the future; at the most a small band of stubborn adherents to the system of Nicholas grumbled at the liberalism come into fashion, could not conceal their vexation at the loss of their revenues, and used every effort to recover their lost influ

ence in the court circles.

The Russian peasant received the important tidings of the breaking of his fetters with profound silence; and some time elapsed before he had made up his mind what position to assume with regard to it. Partly, the habitual

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want of freedom had become too inveterate, and was too deeply rooted, to be at once cast aside; and partly, the attention of the people was too eagerly directed to the still pending agricultural arrangements with the proprietors, for the publication of the emancipation edict to make at once any evident impression. The effect of the emancipation act was felt most strongly and evidently in the two capitals of the empire; here there were thousands of serfs living (as merchants, second-hand dealers, artisans, drivers, servants, etc.) who had been obliged to purchase with high obroc-payments the right of seeking their gain, and were always in danger of being recalled by the will of their masters and constrained to return to the old position of dependence. To these, the advantages of the newly established arrangement of things were manifest, and the fruits of it could at once be enjoyed; the emancipation law limited the duration of their dependence to merely two years, and fixed an unimportant obroc-sum for this transition period. From these town-serfs, therefore, proceeded the first exhibitions of thankfulness and joy, the first ovations to the "liberating czar." But here also the weak, womanish character of the Slavonic race, did not belie itself; there was no idea of passionate outbursts. The St. Petersburg descriptions of those momentous February days tell most characteristically of intoxicated bands of bearded cab-drivers and artisans, who reeled through the streets, humming as they went "Volyushka, Volyushka," (literally, "beloved freedom"). Truly effective, however, was the shout of rejoicing, with which the masses of the people received the emperor when he quitted the winter-palace, on the 19th of February, in order to be present at the reading of the emancipation-ukase in the Kazan church; and subsequently, the addresses sent to the emperor by the drivers and lower class of citizens in the two capitals, who had been freed from serfdom.

Although this law had been published throughout the whole empire on the same day in all churches, and the peace-mediators (mirovuye-Posredniki) had at once proceeded to regulate the agricultural questions; the first more important manifestations in the country did not occur until two months later, in the end of April, 1861. These were manifestations of dissatisfaction and disappointment, which appeared east of the Volga, and had the districts of Kazan and Nijni-Novgorod for their principal centre. In all probability they were revolutionary agitators from the higher and more cultivated classes who first scattered the seeds of discontent. The people were persuaded that the true emancipation-ukase of the czar had been craftily intercepted by the nobles and officials; that the will of the czar was to consign to the peasants, without compensation or hindrance, the land they had hitherto cultivated. These doctrines fell on a soil all the more ready, as the services yielded to the masters were in the eyes of the people of a purely personal nature, and were no equivalents for the lands conceded to the communities. "We belong to the proprietors, but the common land belongs to us," was the creed of the peasant; hence the feeling was, that the abolition of personal servitude was synonymous with the establishment of free property. In the Kazan district, matters soon reached a pitch of open refusal to obedience; and when the magistrates interfered, they amounted to attempts at resistance. Popular discontent assumed at once a genuinely national stamp; it found a leader in a new Pugatchev, the peasant Anton Petrov, who personated the czar (who had fled from St. Petersburg, pursued by the boyars); and within a short time he had gathered round him 10,000 men. After vain attempts to bring back the infatuated men by gentle means to obedience, military power was obliged to be employed. Some battalions, led by Count Apraxin, marched

through the insurgent country, and took the ringleader prisoner; and after Petrov had fallen into their hands, and had been immediately shot, order was again so completely established, that in May nothing further was thought of this episode. The peasants returned to their obedience, and everywhere the arrangements of the peace-arbitrator were complied with. Yet the idea of the perfect freedom hoped for, was not yet wholly forgotten; the Volga districts remained for some time longer the scene of revolutionary experiments, which excited the people with the hope of a "new freedom" still to be expected and held fast to the old idea of a gratuitous division of the soil. Under the title Zemliyä i Volyä (Land and Freedom), there appeared from time to time secretly published pamphlets, which endeavoured to give the agrarian question a revolutionary colouring, and which were numerously circulated, in the eastern districts especially. These manifestations of a propaganda, secretly inflaming the public mind, we shall meet with again in other places, and under other forms.

In general, the completion of the arrangement between peasant and lord was unexpectedly quick, and favourable in its course. Little as it can be asserted, that the Russian peasant subsequently made a just use of his newborn liberty, or that agricultural progress exhibited any favourable influence from it; still it is evident, that the peasant population manifested in the arrangement good-will, a just insight into the state of affairs, and great tractableness; and that this matter was justly conceived and handled by those entrusted with it. The execution of the law of the 19th of February, 1861, was not placed in the hands of ordinary magistrates, but was consigned to officials, who were selected ad hoc from the number of landed proprietors, and were furnished with extensive authority. It was a happy idea, and one of decided and lasting importance, that these peace mediators, or arbitrators, as they were called, were not reckoned in the service of the state, and were not fettered to the orders of the bureaucratic hierarchy. For the first time in Russia, men of the most different calling, and social position, stood side by side with equal right to join hands for the execution of a patriotic work, which promised neither title, rank, nor advancement. Generals in command, and mere lieutenants, councillors of the state, and simple titular councillors, once the choice of their fellow-citizens and class-equals fell on them, demanded leave of absence from service, in order to undertake, according to the law, the demarcation between the estates of the nobles and the lands of the community within definite districts, and to induce both parties to agree; it was only where this result could not be attained, that the strict orders of the regulations were enforced, and the co-operation of higher authority was appealed to.h

ABOLITION OF CORPORAL PUNISHMENT (1863 A.D.)

The first reform that followed on the abolition of the law of serfdom, which had been an unsurmountable obstacle to any improvement and reform in the political organisation of the state, was the abolition of the cruel and shameful corporal punishments which were formerly allotted for crimes.

In the beginning of the reign of Alexander II attention had been directed to the fact that corporal punishment as a punitive measure did not accomplish the reformation amendment of the criminal, but only dishonoured the personality of the man, lowered his feeling of honour and destroyed in him the sense of his manhood.

The emperor began by diminishing the number of offences amenable to

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corporal punishment; the new position which had been given to the peasants by the abolition of serfdom, soon led to the almost total suppression of corporal punishment for them.

On the 29th of April, 1863, an imperial ukase followed, by which corporal punishment was entirely abolished as a punitive measure, determined by the sentence of the public tribunals. By this memorable ukase, which will ever remain a glorious monument in the legislation of Russia, were abolished by the will of the czar-liberator, the last traces of slavery in Russia, the running of the gauntlet, the spur, the lash, the cat, the branding of the human body, all passed away into eternal oblivion; the punishment of the rod to which persons belonging to the class not exempt from corporal punishment had hitherto been subjected was replaced for them by arrest or confinement in prison, and was preserved only in two or three cases and then in the most moderate measure.

REFORMS IN THE COURTS OF JUSTICE

Almost simultaneously with the establishment of the provincial and territorial institutions, the emperor Alexander II recognised it as indispensable for the welfare of his people, to reform the existing judiciary system and law proceedings, to render all his subjects equal before the legal authorities, and to afford them all the same protection of the tribunals and the law.

Ancient Russian tribunals, as is well known, were far from being distinguished either by their uprightness or the rapidity of their procedure. It is hardly necessary to remind readers that justice was administered in secret, behind closed doors, besides which not merely outsiders were refused admittance to the courts, but even the persons implicated and interested in the affair. Such chancery secrecy resulted in great lack of truth and justice in the tribunals. Taking advantage of the secrecy of the proceedings, the judges allowed themselves to commit every possible abuse: they extorted money from the suitors, behaved unfairly and against their own consciences, distorted facts and afterwards decided the affair in accordance with their own views and pleasure, that is, as was most advantageous and convenient to them. Another great defect in the ancient Russian tribunals was due to the fact that the entire procedure was carried on in them exclusively on paper, upon the foundation of notes alone; verbal explanations were not permitted in the tribunals. This complicated form of written procedure led to litigations of incredible length; the most trivial lawsuit sometimes dragged on for years, requiring enormous expenditure and often in the end ruining the liti gants. In a like manner, the accused, not infrequently innocent people, and only suspected of some crime or offence, had to languish for years in prison, awaiting the termination of their affairs before the courts.

The emperor Alexander II was well aware of all these defects and imperfections in the ancient courts of justice, and as a true friend of humanity, could not remain indifferent to such an order of things. He therefore desired that there should be established in Russia a system of justice that would be speedy, righteous, merciful, and equitable." The reign of truth and mercy in the tribunals could be attained only by a complete reorganisation of the ancient tribunals, in consequence of which, by command of the czar, new legal statutes were composed, and received the imperial confirmation towards the end of November, 1864.

The enormous superiority of the new tribunals over the old ones was at once evident. The new courts, carrying on their business in public, punished