52 
CATHERINE HAD WRITTEN the Nakaz as a preliminary to summoning an assembly that would assist in creating a new code of laws for the empire. Once the document was published, even in its severely truncated form, in December 1766, she initiated this second stage by issuing an imperial manifesto calling on “all free estates of the realm”—this meant all Russians except serfs—to select delegates to a legislative commission. During the spring of 1767, delegates were chosen, representing the many creeds, ranks, occupations, and social classes of the Russian empire. They included government officials, members of the nobility, townspeople, merchants, free peasants, and the inhabitants of outlying parts of the empire whose people were neither Christian nor racially Russian. Their task would be to inform the empress of the grievances, needs, and hopes of the people they represented, thereby providing her with material to use in drafting a new code of laws.
The basic electoral criteria were geographic territory and class. The central government offices sent 29 delegates. All noblemen living in a particular district were to elect a single delegate for their district; this produced 142 noble delegates (among them three Orlov brothers, including Gregory and Alexis). All property owners in a town were to choose one deputy to represent their town, regardless of the size of the town’s population; the result was that the towns, with 209 delegates, had the largest representation in the assembly. The state peasants, working on state lands but legally free, sent one delegate for each province for a total of 56. The Cossacks of the Don, the Volga, the Yaik, and Siberia were to send whatever number of delegates their own chieftains determined; they sent 44. Another 54 delegates came from the non-Russian tribes, Christian, Muslim, and even Buddhist; they sent one delegate for each tribe. Serfs, the overwhelming majority of the Russian population, were considered property and were not represented; they and their interests were presumed to be represented by their owners. When the elections were over, the Legislative Commission was to be composed of 564 delegates.
It was understood that the assembly would limit itself to providing information and advice, and that all final decisions would continue to be made by the empress. Catherine never intended that the Legislative Commission should discuss how Russia was governed. She had no wish to create a body that would limit the absolute power of the Russian autocrat, and she had made clear in the Nakaz that she considered absolutism the only form of government workable in Russia; nor was the Legislative Commission to be permitted to aspire to a permanent political role. There was to be no restriction on the expression of general political views, and any grievance, local or national, could be discussed, but the commission was to be purely advisory. As it happened, the delegates in the Legislative Commission showed no inclination to extend their authority. The status and supreme powers of the sovereign were understood and accepted.
Most of the delegates were confused as to exactly what was wanted from them. Any previous demand involving participation in the central government had been regarded with suspicion by the nobility, who considered a summons to the capital for state duty a form of service to be evaded if possible. Catherine endeavored to reverse this perception and make the role of delegate attractive by attaching rewards and privileges to the work. All expenses were to be paid by the state treasury. Delegates were also to receive a salary, ranging from 400 rubles a year for noblemen and 122 rubles a year for town delegates to 37 rubles a year for free peasants. All delegates were to be exempted for life from capital punishment, torture, and corporal punishment, and their property was to be protected from confiscation. Delegates were to wear a special badge of office, which was to be returned to the state when they died. Nobles were entitled to incorporate this badge in their coats of arms so that their descendants would know that they had taken part in this historic work. “By this institution,” Catherine’s manifesto concluded, “we give to our people an example of our sincerity, of our great belief in them, and of our true maternal love.”
Catherine announced that the new Legislative Committee would meet in Moscow and that she would open the proceedings in person. By summoning the assembly to the ancient capital, she hoped to prove to the city’s large, conservative population that she, herNakaz, and the new legal code intended to serve Old Russia as well as the new. Before the delegates gathered, she strengthened this message by announcing that she would make a voyage down the Volga, cruising through the heartland of Old Russia. Beside adding to her personal knowledge of her empire, she meant by showing herself among her people to impress observers at home and abroad. In fact, she was excited by this prospective journey. On March 26, 1767, she wrote to Voltaire, “Perhaps at the moment when you least expect it, you will receive a letter from some corner of Asia.”
The voyage was on a grand scale. More than a thousand people accompanying her boarded a flotilla of large riverboats at Tver, on the upper Volga, on April 28, 1767. The voyagers stopped at Yarolslavl and then at Kostrama, where, in 1613, a delegation representing “all the classes and all the towns of Russia” had come to petition the first of the Romanov dynasty, sixteen-year-old Michael, to accept the Russian throne. From Kostrama, she and they moved down the river to Nizhny Novgorod, Kazan, and Simbirsk. Catherine delighted in this method of travel. “There can be nothing more pleasant than voyaging as an entire house without fatigue,” she wrote to Nikita Panin.
In Kazan, where she stayed for a week, Catherine found herself in a different world. Surrounded by ethnic and cultural diversity, she considered the applicability to Russia of the principles she had inscribed in the Nakaz. On May 29, she wrote to Voltaire:
These laws, about which so much has been said, are … not yet enacted, and who can answer for their usefulness? It is posterity, and not we, who will have to decide. Consider, if you will, that they must be applied to Asia as well as Europe, and what difference of climate, people, customs, and even ideas! … There are in this city twenty different peoples who do not resemble each other at all. We have, nevertheless, to design a garment to fit them all. They can agree on general principles well enough, but what about the details?
Two days later, in another letter to Ferney, she returned to this theme:
There are so many objects worthy of a glance, one could collect enough ideas here for ten years. This is an empire to itself and only here can one see what an immense enterprise it is as concerns our laws, and how little these conform to the situation of the empire in general.
Traveling south down the great river, Catherine marveled at the wealth of nature along its banks. To Nikita Panin, she wrote:
Here, the people along the Volga are rich and extremely well fed. The grain of every kind is so good here and the wood is nothing other than oak and linden. The earth is such dark stuff as is seen nowhere else. In a word, these people are spoiled by God. Since birth I have not eaten such tasty fish as here, and everything is in such abundance that one cannot imagine, and I do not know anything they might need; everything is here.
She and her party disembarked in Simbirsk to return to Moscow. A century and a half later, Alexander Kerensky, the prime minister of the 1917 Russian provisional government, described Simbirsk, which was his birthplace:
The town rose high on a hill overlooking the river and the meadowlands of rich, fragrant grass stretching to the eastern horizon. From the summit right down to the water stretched luxuriant apple and cherry orchards. In the spring the whole mountainside was white with blossoms, fragrant, and at night, breathless with the songs of nightingales.
Back in Moscow, Catherine prepared for the opening of the Legislative Commission. With the delegates arriving in the city, Catherine decided to impress them with the importance of the work they were about to undertake. On the morning of Sunday, July 30, she drove though the streets to the Kremlin, sitting alone in a gilded carriage. After a religious ceremony in the Assumption Cathedral, she walked to the Palace of Facets, where the delegates were presented to her as she sat above them on a raised throne. On her right, a table draped in red velvet displayed copies of the Nakaz bound in red leather; on her left stood Grand Duke Paul, the ministers of the government, members of the court, and foreign ambassadors. A welcoming speech compared Catherine to Justinian. She responded by telling the delegates that they had a unique opportunity “to glorify yourselves and your country, and to acquire for yourselves the respect and gratitude of future centuries.” She presented each delegate with a copy of the Nakaz and a gold medal on a chain. The medal was stamped with an image of the empress. Its inscription read: “For the welfare of one and all.” The medals were popular and many were promptly sold.
The following morning, the commission began its work. Over several days, the vice-chancellor, Prince Alexander Golitsyn, read Catherine’s Nakaz aloud. This was the first of many readings, necessary because many delegates could not read. The impact of this document on moderately educated noblemen, town merchants, peasants whose horizons were limited to their own province, if not their own village, not to mention tribesmen from beyond the Volga, can only be guessed. The difficulty lay in knowing what a Cossack from the Don, or a Kalmuck from the steppes, would make of principles largely borrowed from Montesquieu, and selected and arranged by a German-born princess. Aphorisms such as “Liberty is the right to do all that is not forbidden by law” were ideas so alien to the majority of Russians as to be almost incomprehensible.
In the meeting hall, the delegates sat on benches according to the district from which they had come. The nobility sat in front; behind them were the townspeople, the Cossacks, and the peasant delegates. For the important role of marshal (or president) of the commission, the empress chose General Alexander Bibikov, a soldier; he was charged with organizing and guiding the commission’s work. Before the delegates began the work they had been summoned to do, they insisted on debating what title they should present to the empress in gratitude for her calling them together. “The Great” and “All Wise Mother of the Fatherland” were the most popular. Discussion lasted several sessions, provoking Catherine to say impatiently to Bibikov, “I brought them together to study laws, and they are busying discussing my virtues.” Eventually, she refused all titles, explaining that she had not earned any of them; that only posterity could impartially judge her achievements, and that God alone could be called “All Wise.” Nevertheless, she was far from displeased when the title “Catherine the Great” received the greatest number of votes; she had been on the throne for only five years, whereas Peter the Great had not received this title from the Senate until his fourth decade as tsar. And there was no doubt that the offer of this title by an elected assembly of the free estates strengthened the legitimacy of her position. It eliminated further discussion of her ever reverting to the role of regent, as well as any talk of the accession of Paul when he came of age.
The commission took up rules of procedure and assignment to subcommissions. The full assembly was to act as a general debating arena, and the main work of analysis, coordination, and drafting of new laws was to be distributed among nineteen subcommissions. The assembly turned to the reports the delegates had brought with them. Catherine believed that discussion of these grievances and proposals, setting forth the needs of each area and class, would be one of the Legislative Commission’s most important functions; she expected it to give her a valuable picture of social conditions in Russia. Each delegate was certain that his own list of complaints should be the primary concern of the assembly. Hundreds of these lists and petitions had arrived; the six state peasant delegates from the Archangel region brought with them a mass of seventy-three petitions. Some were simple lists, often unrelated or contradictory; others were relatively sensible proposals for reform. In all, over a thousand peasant petitions were submitted to the Legislative Commission. Naturally, the peasants were less able than the nobles and the townspeople to clearly spell out their grievances, and they tended to limit themselves to descriptions of local problems: fences knocked down, crops trampled by wandering cattle, the scarcity of timber, the cost of salt, the law’s delay, the insolence of government officials. Because they were vulnerable to pressure from the local nobility or local government officials, it was difficult for them to be explicit in their complaints. Attempting to hear them all, the sessions went on spawning subcommittees, where much was begun and little finished. Eventually, Catherine realized that the mission assigned to the delegates to find laws suitable for all the citizens of the empire was beyond their reach. Nevertheless, an extraordinary thing was happening: for the first time in Russia, representatives of the people had been brought and were sitting together to speak frankly and publicly without fear of serious retribution about what troubled them and the people they represented.
Catherine was often present, secluded on a platform behind a drawn curtain. She learned something about conditions in her empire, but the commission’s stumbling pace irritated her—so much so that at one point she rose from behind her curtain and walked out. Not only did the full assembly sessions disappoint her; some of the subcommittees made her angry. On one occasion, told that the subcommittee on towns had adjourned while waiting for additional copies of the Nakaz to be bound, she exploded, “Have they really already lost those copies which they have already been given?” In December, after five months of talk, she decided that she had heard enough and halted the commission session in Moscow. Hopeful that a change of place might revitalize the delegates, she ordered them to reconvene in St. Petersburg two months later. In mid-January, she set off in her sledge over the frozen road. A long string of other sledges, filled with delegates, followed.
When the Legislative Commission met again in St. Petersburg on February 18, 1768, it began by discussing the status of the nobility and the townspeople, the merchants, and the free peasants. Nobles asked that their prerogatives be extended in the form of greater power in provincial and local governments; they also wanted the right to enter commerce and industry in the towns. In addition, the noblemen argued among themselves over definitions of the status and rights of the different layers of nobility. The old hereditary nobility demanded establishment of a strict demarcation between nobility of birth and men recently raised to noble rank for service or merit—men like the Orlovs.
Another bitter debate set noble landowners against town merchants. The nobility claimed the exclusive right to own serf labor and complete freedom in dealing with the serf problem, economically and administratively. The merchants, having heard from theNakaz that all citizens were equal before the law, demanded the same privileges as the nobility, including the right to own serfs. The landowners fought to prevent this, just as the merchants were fighting the attempt by landowners to engage in industry and trade. In the end, both initiatives failed.
In the course of these debates between nobles and merchants on the right to own serfs, the larger, more explosive subject of serfdom arose. The assembly was divided between two fundamentally opposing viewpoints. Those who supported serfdom declared that the institution must be permanent; that it was the only solution to an economic problem that went deeper than the owner’s social status and privilege; namely, that serfdom was essential to the supply and control of labor in a huge, primarily agricultural country. Serfdom’s opponents spoke of the evils and human misery caused by a form of bondage approaching slavery. With economy and tradition on one side, and philosophy and compassion on the other, there appeared no bridge to span the gulf.
Catherine was no better able to find a solution than anyone else. In her original version, the Nakaz had gone as far as to advocate the gradual abolition of serfdom in Russia by allowing serfs, with the permission of their owners, to purchase their own freedom. The Russian nobility overwhelmingly opposed ideas like this, which had been stricken from the document before it went to print. The question of whether serfs should be allowed to own personal property apart from land came before the assembly. It led to heated discussions on the relationship between landowners and serfs, and the administrative and punitive powers landowners should have over their serfs. To the charge that the peasants were lazy and drunk, a liberal delegate replied, “The peasant has his feelings. He knows that all he owns belongs to his landowner. How can he be virtuous when he is deprived of all means of being so? He drinks, not from laziness, but from downheartedness. The hardest worker becomes careless if he is constantly oppressed and owns nothing.”
Other enlightened landlords spoke in favor of legal limitations on landlords’ power over serfs; Bibikov, the marshal, urged that noblemen who tortured their serfs be declared insane, which would allow the law to seize their estates. But when specific improvements in the condition of serfs and the eventual abolition of serfdom were proposed, the speakers were shouted down. Liberals among the noble delegates were vilified and even threatened with death by extremist members of the conservative majority.
Catherine had hoped for support from Count Alexander Stroganov. He had been educated in Geneva and Paris, and it was he who had supported her at the moment when Peter III had shouted “Dura!” in a crowded banquet hall. But when Stroganov rose to speak in the Legislative Commission, he defended the institution of serfdom with passion. Prince Michael Scherbatov, who considered the hereditary nobility an institution ordained by God, argued that because Russia was a cold, northern country, peasants would not work without being forced to do so. The state could not force them, he said, because Russia was too large. Only the nobility could do it, but they had to do it in the traditional way, with no interference by the state.
The poet and playwright Alexander Sumarokov objected to the special privileges, such as immunity for life from corporal punishment, granted in advance to peasant delegates to the Legislative Commission. Sumarokov also objected to the principle of majority voting. “The majority of votes does not confirm the truth, but only indicates the wishes of the majority,” he said. “Truth is confirmed by profound reason and impartiality.” Sumarokov further complained that “if the serfs were freed, the poor nobles would have neither cook nor coachman, nor lackey; their trained cooks and hairdressers would run away to better paid jobs and there would be constant disturbances requiring military force to put them down. Whereas at present landowners live quietly on their estates.” (“And have their throats cut from time to time,” commented Catherine.) It was known, Sumarakov concluded, that lords loved their serfs and were loved by them. In any case, he said, the common people did not have the feelings of noblemen. (“And cannot have in present circumstances,” Catherine noted.) In the end, the empress reacted to Sumarokov’s opposition by saying, “M. Sumarokov is a good poet … but he does not have sufficient clarity of mind to be a good lawgiver.”
Despite Catherine’s personal beliefs and misgivings regarding serfdom, the reactions by nobles in the assembly made her back away from further confrontation. Her recognition of the inherent danger in keeping this huge majority of the population in permanent bondage appeared in a letter she wrote to Procurator General Vyazemsky:
A general emancipation from the unbearable and cruel yoke will not ensue … [but] if we do not agree to the diminution of cruelty and the amelioration of the intolerable position of the human species, then, even against our will, they themselves will seize it sooner or later.
As her Enlightenment principles were battered in the assembly, Catherine, aware that she governed primarily through the support of the nobility, decided that she could not go further. Later, she commented:
What had I not to suffer from the voice of an irrational and cruel public opinion when this question was considered by the Legislative Commission? The mob of nobles … began to suspect that these discussions might bring about an improvement in the position of the peasants.… I believe that there were not twenty human beings who reflected on the subject with humanity.
The discussions in St. Petersburg were proving even more unproductive and divisive than those in Moscow. The commission continued to stumble along, burdened by procedure, by conflicts of class, and by the generally impossible nature of its task. The twenty-nine Russian peasant delegates played little part in the discussions, except for one indefatigable delegate from the Archangel peasantry who spoke fifteen times. Many peasant delegates simply transferred their limited right to speak to noblemen from their districts. The few free peasants who did speak concentrated on grasping their chance to lay their complaints before the empress herself. Catherine, listening as they jumbled together every abuse, burden, and future fear, realized how far they were—and how far she now was—from Montesquieu. By the autumn of 1768, still without seeing any concrete results, the empress was tired. The commission had dragged on for eighteen months through more than two hundred sessions and not one new law had been written.
In the summer and fall of 1768, the attention of the empress and her ministers was turning in a different direction. Russia’s involvement in neighboring Poland and the shadow of a possible war with Turkey loomed over the sessions of the Legislative Commission. Catherine’s enthusiasm for a new code of laws faded, and when Turkey declared war in October 1768, her thoughts and energies were directed toward this new challenge. Already, a number of noblemen who were assembly delegates were leaving to serve as officers in the army. On December 18, 1768, Count Bibikov announced that, by order of the empress, the full Legislative Commission would be prorogued indefinitely, although a subcommission would continue to meet. The last session of the full assembly took place on January 12, 1769, after which delegates dispersed to their homes, where they were to await a further summons. The subcommission met intermittently, but by September 1771, even this had ceased. At intervals in 1772 and 1773, the procurator general was informed that the empress intended to summon the full assembly after the conclusion of the Russo-Turkish war. But no summons ever came. The Legislative Commission never met again.
No new code of Russian laws was produced. The distance stretching between an Enlightenment philosopher’s definition of an ideal monarchy and the immediate problems of everyday life in rural Russia was simply too great. Catherine looked to Montesquieu, but the nobles wanted confirmation and extension of status and privileges, and the peasants wanted restitution for broken fences, trampled crops, and illegally felled timber. Nevertheless, eighteen months and 203 sessions of effort were not entirely wasted. The documents submitted and discussed by delegates in the full assembly and the subcommissions contained a wealth of valuable information. Studying this mass of detail—these hundreds of grievances and competing claims—reinforced Catherine’s conviction that the stability of Russia depended on maintaining the absolute authority of the autocracy.
Along with strengthening Catherine’s belief in absolutism, something else had happened. Under the stimulus and protective cover of the Nakaz, the discussions in the full assembly and the various subcommissions had furnished delegates with new ideas that had never before been publicly discussed in Russia. In some cases, delegates actually quoted from a specific paragraph of Catherine’s Nakaz, using the authority of the empress to introduce and support their own ideas. Ultimately, despite the failure of the Legislative Commission to create a new law code, it made a contribution to the nation’s history. Taken together, the summons, the elections, and the 203 assembly sessions established a precedent for popular participation in government. It was the first attempt in imperial Russia to give the people a voice in their own political destiny.
Some have believed that the Legislative Commission achieved nothing, and that from the beginning both the Nakaz and the Legislative Commission were created simply for show, as no more than propaganda to impress Catherine’s Enlightenment friends abroad. This judgment is shallow. Naturally, Catherine welcomed Voltaire’s overheated praise for the Nakaz, but it does not follow that she wrote it simply to catch Voltaire’s eye and win his blessing. Indeed, the Catherine scholar Isabel de Madariaga says:
The idea that the principal purpose of such an expensive and time-consuming operation … was only to throw dust in the eyes of Western intellectuals … is difficult to accept. It was possible for Catherine to win their golden opinions by corresponding with them as she did with Voltaire; by buying Diderot’s library and leaving it in his possession; by inviting d’Alembert and Beccaria to come to Russia [although both refused]; by appointing Grimm as her personal agent in Paris.… This was sufficient evidence of Enlightenment credentials.… There was no need for her to embark on an enterprise of such major and time-consuming dimensions as the Legislative Commission.
It is worth noting that Catherine’s writing of the Nakaz and summons to the Legislative Commission took place nine years before Thomas Jefferson wrote, and the Continental Congress voted to approve, the American Declaration of Independence. It preceded by twenty-two years Louis XVI’s summons to the Estates-General. None of Catherine’s successors on the Russian throne dared to summon such an assembly again until 1905, when Nicholas II was forced by revolution to sign a document transforming Russia from an absolute autocracy to a semiconstitutional monarchy—and then, in 1906, to summon Russia’s first elected parliament, the State Duma.