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the Faith.” One whole chapter is devoted to that these dissenting Christians form the most heresy and dissent, and punishments of the honest, the most temperate, the most indusmost cruel severity are prescribed for abjura- trious, and altogether the most valuable part tion of the orthodox faith, for secession from of the whole population in the regions to the true church, and for the public expression which they have been banished. The ispravof heretical opinions. Section 184, for exam- nik, or chief police officer, of Verkbni Udinsk, ple, provides that if a Jew or Mohammedan in eastern Siberia, speaking to me of three shall
, by persuasion, deception, or other means, or four settlements of dissenters in his okrug, induce an orthodox Christian to renounce the or circuit, said: “If all the people in my tertrue church and become an adherent of the ritory were only exiled heretics I could shut Jewish or Mohammedan faith, he shall be de- up the jails and should have little or nothing prived of all civil rights and exiled for life, with to do; they are the best people within my not less than eight nor more than ten years of jurisdiction.” I need hardly comment upon penal servitude.
the cruel injustice of sending good citizens Section 187 declares that if any person tempt like these to the remotest part of eastern or persuade an adherent of the Russo-Greek Siberia simply because they do not believe church to leave that church and join some in worshiping images and kissing bones, other Christian denomination, he shall be ban- or because they cross themselves with two ished to Siberia for life.
fingers instead of three. Section 188 provides that if any person It would be easy to fill pages with illustrashall leave the orthodox church and join an- tive examples of the unjust and oppressive other Christian denomination, he shall be character of Russian penal legislation in the handed over to the ecclesiastical authorities field of religious crime. Every paragraph for instruction and admonition; his minor fairly bristles with threats of “imprisonment." children shall be taken into the custody of “exile,” and “penal servitude," and the whole the Government, his real estate shall be put title seems to the occidental mind to breathe into the hands of an administrator, and until a spirit of bigotry and intolerance. One might he abjures his errors he shall have no further perhaps expect to find such laws in a penal control over either.
code of the Middle Ages ; but they strike one Parents who are required by law to bring as an extraordinary anachronism when they up their children in the true faith, but who, in appear in a code which was revised and violation of that duty, cause such children to amended in the capital of a so-called Chrisbe christened or educated in accordance with tian state in the year of our Lord 1885. the forms and tenets of any other Christian The shortest title or division in the Ruschurch, shall be imprisoned for not less than sian penal code is that which relates to eight nor more than sixteen months. During “ Crimes against the State," or, speaking more such time the children shall be taken in precisely, “Crimes against the Sovereign Ruler charge by orthodox relatives, or shall be turned of the Empire and his authority.” This title over to a guardian appointed by the Govern- contains altogether only 23 sections, and occument. [Section 190.]
pies only 10 out of the 700 pages of the volume, If a Jew or a Mohammedan shall marry but what it lacks in extent it more than makes an orthodox Christian and shall fail to bring up in severity. It begins with the brief but up the children of such marriage in the or- comprehensive declaration that “Every evil thodox faith, or shall throw obstacles in the design and criminal action against the life, way of the observance by such children of the welfare, or honor of The GOSSUDAR THE EMrules and forms of the orthodox church, the PEROR, and every intention to cast him from marriage shall be dissolved, and the offender the throne or to deprive His Supreme Authorshall be exiled for life to the most remote part of ity of its freedom or to restrict its rights, or Siberia. [Section 186.]
to commit any violence whatever against His All persons who shall be guilty of aiding in Sacred Person, shall subject the offender to the extension of existing sects, or who shall deprivation of all civil rights and the penalty be instrumental in the creation of new sects of death.” hostile or injurious to the orthodox faith, shall It is not necessary, it will be observed, be deprived of all civil rights and exiled for that a man should commit an overt act in life, either to Siberia or to the Trans-Caucasus. order to be brought under the sweeping conSection 196.)
demnation of this section, nor that the overt I met large numbers of dissenters exiled act, even if committed, should be directed under this section, both in the Caucasus and against the life or safety of the Tsar. If the in all parts of Siberia. It is the unvarying offender simply harbors an evil design or forms and universal testimony of both the civil and a mere intention, not to assault the Tsar's military officers of the Russian Government “Sacred Person," but to restrict his rights, or, in other words, to limit his supreme authority, rights of such Supreme Authority, or which it is enough to justify the infliction of the audaciously condemns the form of adminisdeath penalty.
tration established by the laws of the state or Section 242 states this plainly in terms and the fixed order of succession to the throne, says that “ An evil design . . shall be re- such person shall be deprived of all civil rights garded as an actual crime, not only in a case and exiled for life, with not less than four nor where the offender has made an attempt to more than six years of penal servitude. Any carry such design into execution, but also in person who keeps such a work or document every case . .. where he has orally or in in his possession without obtaining permission writing given such thought or design expres- from the higher authorities shall be imprisoned sion.”
for not less than seven days nor more than Sections 243 and 244 extend the death three months, and shall then be subjected to penalty to all persons who take part in evil police surveillance for not less than one nor designs or criminal actions having for their more than three years. [The offender in such object the Sacred Person of the Gossudar a case may be put under police surveillance the Emperor; to all persons who aid or abet either at his own place of residence or in a such designs or actions; to all persons who Siberian village a thousand miles away, to afford refuge or concealment to the evil- which he may be banished by “administrathinkers or evil-doers; to all persons who tive process."] have knowledge of such evil designs or ac- In order to appreciate the extraordinary tions and fail to give notice thereof to the severity of these laws for the protection of the authorities; and to all persons who commit Sacred Person, the Dignity, and the Supreme an act of violence against a soldier or a sentry Authority of the Tsar it is only necessary to who is guarding the sacred persons of the compare them with the laws contained in Title Gossudar the Emperor or the members of the X, for the protection of the personal rights imperial house. All the inherited or acquired and honor of private citizens. From such a property of persons found guilty of the of comparison it appears that to injure a portrait, fenses set forth in these sections shall be con- statue, bust, or other representation of the Tsar fiscated by the state.
set up in a public place is a more grievous Section 246 provides that if any person shall crime than to so assault and injure a private speak impudent, insulting words of the Gos- citizen as to deprive him of eyes, tongue, an sudar the Emperor, or shall deliberately injure arm, a leg, or the sense of hearing. (Compare or destroy a portrait, statue, bust, or other rep- Section 246 with Section 1477.1 To organize resentation of him set up in a public place, or take part in a society which has for its obsuch person shall be condemned as an insulter ject the overthrow of the Government or a of MAJESTY to deprivation of all civil rights change in the form of the Government, even and exile for life, with not less than six nor although such society does not contemplate more than eight years of penal servitude. a resort to violence nor immediate action, is a
Section 249, which is known to the political crime of greater gravity than to so beat, malexiles in Siberia as the “omnibus section," on treat, or torture a human being as partly to account of its wide scope and applicability, deprive him of his mental faculties. [Compare was quoted in my article upon the “ Prison Section 250 with Section 1490.] The making Life of the Russian Revolutionists,” in The of a speech or the writing of a book which Century MAGAZINE for December. This sec- disputes or throws doubt upon the inviolability tion also directs the infliction of the penalty of the rights or privileges of the Supreme Auof death.
thority is as serious an offense as the outraging Section 266 declares that if any person shall of a woman. [Compare Section 252 with Seccompose and circulate a written or pri ted tion 1525.) The mere concealment of a pernotice, call, or proclamation with the intention son who has formed an evil design affecting of inciting the people to rebellion or to open the life, welfare, or honor of the Tsar, or the insubordination, such person shall be deprived affording of refuge to a person who intends to of all civil rights and exiled for life, with not bring about a restriction of the rights or priviless than eight nor more than ten years of penal leges of the Supreme Authority, is a more seriservitude.
ous matter than the premeditated murder of Section 252 provides that if any person one's own mother. [Compare Section 243 with shall compose and circulate any printed work Section 1449.) Finally, in the estimation of the or written document, or shall make a public penal code, the private citizen who makes or speech which does not directly and manifestly circulates a caricature of the Sacred Person incite to rebellion against the Supreme Author of the Tsar, for the purpose of creating disreity, but which nevertheless attempts to dispute spect for his personal characteristics or for or throw doubt upon the inviolability of the his management of the empire, commits a more heinous crime than the jailer who out with a view to bringing those laws into disrerages in a cell until she dies an imprisoned, spect, shall be imprisoned for not less than two helpless, and defenseless girl fifteen years of nor more than sixteen months." age. [Compare Section 245 with Sections 1525, It is hard for an American to realize a state 1526, and 1527]
of affairs in which the public expression of a If, in the face of the tremendous penalties judgment or an opinion with regard to Govset forth in the above-quoted sections of ernmental action is “unpermitted,” and in the code, the intelligent and freedom-loving which it is more or less hazardous for a dozen classes of Russia continue to form societies law-abiding citizens to meet at regular interintended to bring about a change of govern- vals in a private house for the discussion of ment, or if they still “ audaciously" question public questions. Section 320 of Title IV. deor throw doubt upon the inviolability of the clares that “ Persons guilty of belonging to a rights claimed by the Supreme Authority, it society which employs any means whatever certainly cannot be denied that they have the to conceal from the Government its existence, courage of their convictions.
its nature, or its aims, or to keep secret its It may be said in defense of the Russian meetings, the subject of its deliberations, or Government that it does not construe these the relations between its members, or a society laws strictly nor enforce them with rigorous which secretly disseminates any doctrines and indiscriminate severity against all political whatever, shall be imprisoned in a fortress for offenders. I do not care to dispute the truth not less than four nor more than eight months, of this proposition; but, even if it be true, it or in a prison for not less than one nor more does not alter the fact that these laws stand than three weeks, according to the circumon the pages of a statute-book revised as lately stances of the case.” as the year 1885.
Of course, persons who meet regularly for It is not necessary, for my present purpose, any purpose in a private house render themto go minutely into the details of the legisla- selves liable to an accusation based upon this tive provisions contained in the titles which section. As soon as their meetings attract the relate to “ Crimes against Administrative Or- attention of the secret police, they are made der” and “ Violations of the Ordinances re- the subject of an official examination, which lating to the Duties and Obligations which almost always leads to consequences more or Individuals owe to the Imperial and Local Au- less unpleasant for the participants. I know a thorities.” Their form and spirit are clearly group of gentlemen in St. Petersburg who indicated or foreshadowed in the sections of meet at stated intervals for the discussion of Title III. above quoted, and I need therefore public affairs, and who, although they are only say of them that more effective laws for neither conspirators nor revolutionists, spend the suppression of individual freedom and the the evening in making a pretense of gambling, right of popular self-government were prob- in order that neither the servants nor the poably never devised. They not only render lice may suspect them of secret machinations. impossible all association or combination on In the eyes of the Government a club of gamthe part of individual citizens to oppose the blers is a safe and innocent organization, but tyrannical exercise of power, but they pun- a private debating society is a dangerous menish with imprisonment or exile the mere ex- ace to social order and to the rights and privipression of a judgment with regard to the ex- leges of the Supreme Authority. pediency of a law or the propriety of an official Under the reform laws of Alexander II., ceraction. Section 281, for example, says that tain public assemblies, such as those of the “ All persons who shall be found guilty of nobles, and meetings of the town councils and composing and circulating written documents provincial assemblies, must be recognized and (as, for instance, a circular letter containing tolerated; but every possible precaution istaken unpermitted judgments with regard to the or- to prevent the discussion in them of imperial dinances and actions of the Government shall affairs, and to suppress in their proceedings be imprisoned for not less than sixteen months everything that might have a tendency to nor more than two years."
“excite the public mind." Section 1038 of Section 1035 provides that “ All persons who Title VIII. of the code provides that “ For shall . . . print (in a newspaper or book] printing and publishing, without permission remarks calculated to shake the trust or con- of a local governor, the proceedings (even fidence of the people in the laws of the empire, the legal and innocent proceedings of any or in the ordinances and directions of the ad assembly of nobles, provincial assembly, or ministrative or judicial authorities, or who shall town council, the offender shall pay a fine of allow themselves to dispute (or question) the three hundred rubles, or suffer imprisonment obligatory force of such laws, or to approve or for three weeks, or both.” justify actions that are by such laws forbidden, When one considers that in Russia a cen
Vol. XXXV.- 120.
tralized bureaucracy attempts to regulate and his property shall be controlled by the everything, and that in its dispositions and bureau of guardianship. operations it touches private life and invades “SECTION 327. Any person who, without perthe field of private activity at innumerable mission of the Government and without ade. points, one can understand how unbearable quate reason, lives abroad beyond the period must be the position of persons whose affairs fixed by law for persons of his station shall are thus“ regulated," and how intolerable must also be regarded as missing (literally, 'absent become the complete suppression of the right without news'], and his property shall be taken of free speech. The sufferer from the misdi- in charge by the bureau of guardianship. rected or tyrannically exercised power of a “SECTION 328. Any person who persuades subordinate official cannot even protest
. He a subject of the empire to emigrate to another must simply lay his hand on his mouth, bow country shall be punished with penal servihis head, and submit.
tude in a convict company for not less than I have been asked many times by friends twelve nor more than eighteen months, or be in America why intelligent and liberty-lov- banished to Siberia for life.” ing Russians do not get out of such a coun- Under one of the above-quoted sections try. Many answers might be given to this (326) Turgenief, while living in Paris in 1863, question, but perhaps the most comprehensive was summoned to St. Petersburg to answer and cogent of them will be found in Sections before the Directing Senate for something that 325-328 of the Russian penal code, which are he had written or said. One can see from his as follows:
letters to his friend, P. V. Annenkoff, how hu“SECTION 325. Whoever leaves the father- miliating and exasperating obedience was to land and enters the service of a foreign Gov- him, but — he obeyed. * ernment without the permission of his own The Government does not recognize the Government, or becomes a subject of a for- right of its subjects to go abroad or to live eign power, such person, for violation of his abroad without its permission; and if, therefore, allegiance and his oath, shall be deprived of a Russian takes refuge from oppression in a all civil rights and expelled from the limits of freer country, he must face the prospect of exthe empire forever. If he returns, he shall be patriation, outlawry, the loss of all the property exiled to Siberia for life.
left behind him, and exile to Siberia if he ever “SECTION 326. Whoever leaves the father- returns. Few people are willing to separate land and does not return at the summons of the themselves for life in this way from friends, Government shall for this disobedience be relatives, home, country, and all that man natudeprived of all civil rights, and expelled from rally holds dear. What alternative, then, is left the limits of the empire forever - unless, within to the oppressed when oppression becomes a period to be fixed at the discretion of a intolerable? They must either submit or fight; court, he shows that his disobedience was due and if they are not willing to submit and are to causes which were beyond his control, or not able, under the provisions of this code, to which mitigate his guilt. "Until he shall make oppose tyranny by peaceful collective action, such proof, he shall be regarded as missing, they will inevitably resort to violence and fight,
singly or in small groups, as they are now fight*“ European Messenger” (a monthly magazine), ing, until they go to Siberia in leg-fetters or pp. 10–20, St. Petersburg, January, 1887.
perish on the scaffold.
A SONG OF LIFE.
A song, boys, a song!
Life is gray now,
Love 's away now,
We are left to limp along;
Still, boys, a song!
A song, boys, a song ! Life 's at flush still,
Death is here soon, Love 's ablush still;
Death will cheer soon, What though cares and curses throng ?
Death is nigh, and Love is strong; Come, boys, a song!
So, boys, a song!
Richard E. Burton.
THEFTS OF THE MORNING.
“The early death of a youth was frequently called in poetic language a seizure or theft by Aurora.”
IND us the Morning, mother of the stars
And of the winds that usher in the day! !
Edith M. Thomas.