Administrative and police reform of 1837 in the mirror of public opinion
In the first half of the XIX century. the activities of local institutions carrying out
administrative and police functions were based on the Institution of Provinces in 1775. The
transformations concerning this sphere of government were generally few, mostly private
and were not accompanied by fundamental changes in the established order.
On June 3, 1837, five statutes1 were imperially approved, which entered into force on
January 1, 1838 and were intended, firstly, to introduce "the most correct and convenient
order" in the activities of civil governors and provincial governments, and secondly, to
propose measures " for a better organization of the zemstvo police, in keeping with the
growing population ”2.
The complex of these measures, which we conditionally define as the administrative-police
reform, is fairly well known to historical science3. This study attempts to capture the
reaction of the local community to changes in police operations. The source was the
materials preserved in the fund of the III Department of S.E.I.V.K. State Archives of the
Russian Federation (f. 109). We are talking about the reports of the provincial headquarters
officers: we had at our disposal the materials presented in February 1839 for consideration
by the chief of gendarmes A.Kh. Bencondorf, the chief of the 2nd district of the gendarme
corps, Major General S.V. Fildepersov 4.
In 1838, when “new ordinances” were being introduced into local government practice,
private reports began to arrive at the center, reporting that these events had become the
subject of lively conversations in the provinces. Perfiliev, in all the provinces accountable to
him, demanded that the provincial headquarters officers "thoroughly" notify him "about the
judgments and opinions in societies about the new formation of provincial administrations
and the zemstvo police", and also present their own opinion about the "benefits and
convenience or was accompanied by the introduction of innovations5. The collection of
information was carried out within the 2nd district of the gendarme corps, which included
the provinces of Central Russia (Moscow, Tver, Vladimir, Yaroslavl, Kostroma, Tula, Ryazan,
Kaluga, Orel, Smolensk). In view of the specifics of the activities of the gendarmes in the
field, the information received by Perfiliev, first of all, reflected the views of the officials and
the nobility.
The desire of the supreme power to begin solving long-standing problems and to streamline
the activities of administrative and police institutions, of course, received general approval
and was received with enthusiasm. However, when discussing specific measures, the main
attention was paid to identifying the shortcomings of the new device, which, as it seemed to
many, neutralized the positive effect of the undertaken reorganization. It should be noted
that mainly officials gave a negative assessment, believing that "under the new regulation,
the proceedings are not simplified, but it is difficult for execution in all parts" 6. However,
those who were not bound by duty, or those who were not directly affected by the changes,
spoke positively about the reform. In particular, it was pointed out that in the adopted laws
"the duties of the places and persons of the provincial and zemstvo administrations are
determined with greater accuracy than they were before" 7. We will try to highlight
common judgments and comments for all provinces regarding the changes undertaken for
each of the institutions.
The “order to the governors” officially declared the governor “the master of the province”
and entrusted him with “the highest supervision over the speedy administration of justice
and the immediate execution of all legal decisions and requirements” 8, however, his
powers remained the same and clearly insufficient to fully “protect the sanctity of laws
»And to influence the judicial and government administration (first of all, it was about the
criminal, civil and government chambers). When discussing this provision, it was
emphasized that the scope of duties of the head of the province is extremely extensive, and
in view of the assignment also of "higher supervision", he will be subject to much greater
responsibility for the state of local government. In this case, it was recognized as useful "to
give him the power and authority to preserve the sanctity of laws, not touching on the
solution of cases, but in the very course of them, and not only in the county, but in all
provincial judicial and government places without exception" 9.
In connection with the strengthening of responsibility for the state of the entrusted region,
special attention was also drawn to the new rules for transferring management of the
province to a successor. The following procedure was introduced: the governor, who left
office, had to submit a detailed and accurate report on the state of the province, and the
newly appointed governor had to audit and submit his report on the status of the province
in a report to the emperor. At the same time, until the end of the transfer of affairs, the
governor was forbidden to leave the province. For the ministry, this procedure was
perceived not only as an opportunity to strengthen control over the local administration,
but also as a measure to counteract the falsification of reports. detailed documentation. The
governors themselves, of course, perfectly understood the government's intentions and
feared negative consequences. However, they did not express this directly, but complained
that some persons appointed to replace them may, due to their inexperience, “take the
most ordinary and inevitable accidents for important omissions” and present them in this
form in the most submissive report10, while others on purpose “ from personalities or ill will
"will want to present the governor's office in the most bad form" and thus darken [their]
reputation ", so that later they will be able to indicate in their reports that" they have
brought everything in proper order in the province "11.
When discussing the new structure of provincial governments, fears were expressed that it
would not achieve the goal of streamlining and reducing document circulation. This was due
to the fact that, on the one hand, the rules of office work became more complicated, the
procedure for drafting documents was regulated in detail, strict reporting was introduced,
which, of course, should not have left any paper "without movement", but on the other
hand, it was not supposed to increase the staff of the office , which in practice did not allow
timely giving due direction for the execution of incoming securities in compliance with all
established rules12. Moreover, it was noted that "the distribution of affairs in the provincial
government was not drawn up according to their kind and beyond the powers of officials"
13. It was about the fact that the institution was divided into four departments, but only in
the first, headed by the vice-governor, the post of secretary was relied, in others, acting
under the leadership of advisers, the organization of office work was entrusted to the clerks.
Such an internal arrangement could be useful only if all the advisers were "people who
know the laws and business perfectly, and who know how to write all sorts of orders
themselves, not entrusting it to the clerks and not distracting the latter from their essential
work and responsibilities." However, given the established traditions of management, when
the drafting of papers was completely entrusted to the chancellery, and the low level of
qualifications of local employees, including advisers, it was noted that the correctness and
success in the production of cases would depend solely “on the intelligence and
arbitrariness of the clerks who barely knew the civil service "15.
Of particular concern at the local level was the status of the vice-governor and advisers to
the provincial government, which in fact resulted in discussions about the prestige and
importance of these positions in the local government system. It was pointed out that "the
title of the current vice-governor against the previous one has been humiliated: lower
salary, lack of premises or apartment money from the treasury, and complete dependence
on the governor's face" 16. According to the new rules, “by the nature of affairs and
occupation,” the vice-governor did not particularly differ from other advisers of the
provincial government17.
It was noted that, on the one hand, vice-governors are declared assistants and first deputy
governors in his absence, but on the other hand, they have no idea about most of the cases
related to the head of the province, and moreover, “with their current rights they have the
weight in the province is so insignificant that during the temporary administration of the
province they cannot have the proper influence on it, while the former vice-governors,
constantly managing a separate part, had every opportunity to prove their merits by their
orders and, having a direct influence on part of the administration of the province, have
always had significant weight ”18. It was suggested that it would be much more useful for
the entire system of local government to provide the vice-governor, as a second person in
the province, with the appropriate status: having freed him from "managing" the
department, to give him, like other chambers, the powers of general management of the
provincial government and the law to solve “unimportant” cases together with advisers19.
This measure would also help to reduce the burden on the governor.
Regarding the status of the councilors of the provincial government, it was indicated that
they “do not have the importance and dignity in which they are established by law, but are
more like secretaries and clerks, for they themselves carry out business, draw up reports
and conclusions, report themselves and listen to, decide and execute these, being
responsible for the chancellery on the same basis as the clerks for all the disturbances ”20.
In this case, it was quite rightly noted that such an order of their activities contradicts the
principle of collegiality, on which the provincial government should have been based. In
addition, it seemed unfair to appoint a lower salary for the councilors of the provincial
government in comparison with the salaries of the councilors of the criminal and civil
chambers21.
Perhaps the greatest discussion on the ground was caused by the reorganization of the
zemstvo police. Let's try to highlight the main problems that public opinion has pointed out.
First, the abolition of elected noble assessors was perceived by the noble class as an
infringement of their corporate interests. at. It was emphasized that with a decrease in the
representation of the nobility, and with this also public control, employees of the zemstvo
police will have more opportunities to abuse their position22. The new order caused special
fears among the landowners, who believed that in modern conditions, when the institutions
of the Ministry of State Property function and the zemstvo police no longer has significant
influence on the state peasants, and, accordingly, the opportunity to take bribes from them,
the police officers will certainly want to compensate these " losses "at the expense of the
landlord peasants," especially in such estates where the landowners themselves do not have
a residence "23.
Secondly, the position of the police officer seemed not only unattractive, but inappropriate
to the dignity of an honest person. The bailiff, with a low grade position (collegiate
secretary) with a very modest salary, was entrusted with an extremely wide range of duties,
which he had to perform "with his own person", having neither assistants nor an office24.
At the same time, the selection of mills was carried out without taking into account the
characteristics of the terrain and the size of the population25.
Thirdly, one of the villages of the camp was appointed as the seat of the police officer, from
where, without special permission from the zemstvo court, he could leave only to inspect
the territory entrusted to him and conduct investigations26. On the one hand, life in a
village for capable and worthy officials was "not so attractive", but on the other, on the
contrary, it could become quite convenient for those who sought profit and arbitrariness.
This was favored by the fact that they were given the right to "conduct verbal proceedings
and punishment in cases of theft, fraud and any deception in money or things, at a cost of
no more than 10 rubles." Under such conditions, the service, isolated from the zemstvo
court, without the direct supervision of the authorities, provided ample opportunities for
abuse. Fears were also expressed that enterprising police officers, having at their disposal
sotsk and ten and other residents, would easily be able to “use them in their work and
service” 28.
Fourthly, at the place of his stay, the bailiff had to independently organize the
administration of office work. He was allocated a rather modest amount for clerical
expenses, at the expense of which he was allowed to hire one scribe "by free agreement
"29. The position of the latter was not considered in active service and, accordingly, did not
bring service advantages and did not imply responsibility. In this connection, this issue
received a particularly heated discussion. It was justly pointed out that it was extremely
difficult to find a literate person among the settlers or people of a free state, and if there
was one, he hardly had "the proper knowledge and ability" for clerical work. Meanwhile, the
bailiffs, due to their workload, did not have the opportunity to independently deal with
papers and were forced to hire as scribes people who could take upon themselves not only
keeping many books, compiling various urgent statements, but in general all office work in
the office.
The only candidates who agreed to work on such conditions for meager wages were, as a
rule, persons of “bad behavior and immorality,” expelled from the service for drunkenness
and other “reprehensible acts” 30. According to the general opinion, such hired scribes,
“except for the acquisition of self-interest, do not have in mind neither awards nor penalties
for omissions in service” 31. Naturally, they could not be recognized as faithful helpers, and
moreover, they could not be trusted, since all responsibility for their actions fell on the
shoulders of their employer. In support of this, cases have already taken place were cited
when scribes simply disappeared from the offices of "bailiffs at the most necessary time for
them," while taking government papers with them32.
Fifthly, according to the general judgment, the tasks of the bailiff, incomparable with the
human capabilities, will inevitably be accompanied by omissions in service and prosecution,
which ultimately will force the most worthy and honest officials to evade assuming this title,
and the provincial government will have to appoint persons incapable and weak morality.
According to the testimony of the provincial headquarters officers, this situation has already
been observed in most of the camps33. In particular, Lieutenant Colonel Zhadovsky, who
served in the Vladimir province, reported: the governor, unable to fill vacancies with honest
people, “has to determine whom, even completely illiterate, who do not know the business,
and even find it difficult how to start starting; through which one should expect that all of
them will be brought to the criminal court, and decent people run into retirement, while
there is still an opportunity to hand over the cases ”34. It was also pointed out that, under
such conditions of service, it seemed not entirely fair to prosecute.
As necessary measures, proposals were made to appoint the camps "in accordance with the
vastness and population", to increase to determine the class and salary of the police
officers, to appoint to them "with a decent salary" a full-time assistant, clerk and scribes
who understand the order of investigative matters3636. In addition, it was proposed "to
supply the zemstvo police about their position with the most brief, but clear and intelligible
for each peasant instruction, extracted from the Code of Laws of various volumes without
reference to them" 37. It was universally recognized that if appropriate measures were not
taken, then it would be necessary to abandon the reorganization of the zemstvo courts
altogether, leaving them on the same basis.
It should be noted that almost all the fears recorded in the gendarme reports regarding the
zemstvo courts were justified in the coming years38. Already in 1840, the emperor noted
that “for some time from all sides” there were complaints about the police officers and their
harmful influence on the affairs of the zemstvo police, and ordered to demand information
from governors, leaders of the nobility and provincial headquarters officers everywhere, “ in
which the actions of these officials turn out to be harmful and inconsistent with the
expectations of the government ”39. Information collected under the direct supervision of
Benckendorff revealed that “the number of police officers in the counties was determined
without any consideration for local needs” (the area of counties, the number of the
population, etc.) 40.
Based on the results of considering all the materials received from the localities, the
government was forced to admit: “The police power, administration and security in the
counties, of necessity, are now entrusted to people unworthy of trust and often with very
harmful weaknesses, which they do not know how or even do not care to hide from those
who are under their direct supervision of the black class of people who now constitute, so
to speak, the only society of police officers. These officials, due to their extreme poverty
and, moreover, almost all with lack of moral education, being removed from the cities and
not accepted into a decent society of nobles living in the district, little by little themselves
and their families get along with the surrounding villagers, bare their shortcomings and
weaknesses, they lose due respect for their rank, and at the same time, what is most
harmful, they open before the people insufficient government funds in administrative
management, which under the previous arrangement of the Zemstvo police could not have
been to such an extent, for the zemstvo assessors elected from the nobility, although they
also did not always correspond to their purpose, but not having a permanent residence in
the district, with their temporary visits they could not show their vices so much ”41. It
would be difficult to express more eloquently the results of the reform of the district police.
Summing up, we note that even not the most significant changes in the work of local
institutions caused lively discussion and were accompanied by ambiguous assessments of
the consequences of the practical implementation of innovations. Not all of them were
recognized as useful for the management system, and quite rightly many shortcomings of
the reform were noted. At the same time, dissatisfaction among the bureaucracy caused the
government's desire to ensure strict observance of the rule of law and strengthen the
accountability of officials without appropriate material support for their service, increase in
salaries and maintain the prestige of positions. The stable ideas of employees that had
formed by this period about the fairness of wages and its proportionality to the rank, level
of responsibility, volume and complexity of the work performed largely determined their
attitude to the changes that were taking place.