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 pa.s.ses 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 adopted certain parts of the Roman law as modified by the Byzantines. But if we may judge from the doc.u.ments 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 emanc.i.p.ation, 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 princ.i.p.alities 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 const.i.tutions, and published, with the a.s.sistance 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 aggrandis.e.m.e.nts of the clergy. The new code, known by the name of _Sudebnick_, 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 t.i.tle of _Ulogenie_. This collection, the first printed in Russia, was begun and completed within the s.p.a.ce 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. We will 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 legislation 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 cla.s.sified 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 repet.i.tions 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 cla.s.sification 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 princ.i.p.al 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 generally considered 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 most indefatigable reader can hardly once in his life pa.s.s in review the body of the veterans.
In the s.p.a.ce 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, enc.u.mbered 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 doc.u.ments 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.
Monks16Priests89126 Servants11459 Military officers[A] in active service13953 Superior officers in the civil service, ditto339236 Officers of the fourteenth cla.s.s, ditto419163_Military officers on leave._Generals11 Staff-officers of every grade4231_Civil officers on leave._Generals22 Superior officers and others107104
~~~~~~~~~~Persons employed in the theatre159 First guild merchants610 Second ditto3531 Third ditto736623 Foreigners194144 Burghers18,09215,973 Government employes of all kinds2,121237 Young people reared at the expense of the crown32Soldiers on furlough3112 Workpeople415511 Gipsy slaves5463 German colonists3724 Pupils of all kinds99617---------------- Total24,03218,429
[A: Neither the officers nor the soldiers of the garrison are included in this list.]
FOOTNOTES:
[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.
CHAPTER XV.
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 inst.i.tutions, not a thought had been given to the opening of a single elementary school in either capital. Some writers 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 inst.i.tution 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 n.o.bility, 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 inst.i.tution 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 inst.i.tutions possess little interest, I will pa.s.s 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 pa.s.sing 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 the rank 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 inst.i.tutions. 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 inst.i.tutions, 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 n.o.biliary system of the empire, and certain regulations of detail and discipline combined to destroy the reasonable hopes founded on such liberal inst.i.tutions.
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.