how the Cossacks were weaned from taking everything that was bad

For many decades, the Cossack community defended the right to punish those who zealously adhered to the principle “The Cossack takes everything that lies badly”, according to its own “custom introduced from ancient times”; but in 1835, a measure extremely unpleasant for the free Cossacks appeared in the legislation, and 175 years ago, on December 8, 1848, Emperor Nicholas I signed a decree approving a model for its specific application.

From the article of the inspector of the Don Theological Seminary, state councilor A. A. Kirillov, “Customary law on the Don,” 1908.

…According to a custom that dates back “from the deepest antiquity,” the military office in the first quarter of the 19th century, with the approval of the Governing Senate (decree of August 18, 1802), “Cossacks of the Don Army, generally serving and retired, in the event of theft committed by them , subjected thefts to equal punishment, that is, according to Articles 189 and 191, for the first, second and third theft below 20 rubles, sentenced them to punishment, according to the local custom, at full village gatherings, at the scene of the crime, with whips; for the theft for the fourth time or at a cost of more than 20 rubles, after being punished with whips, servicemen were sent on the first assignment without a queue to the regiments, and retired ones were used for internal service within the Army for one year; According to article 189, what was stolen was always taken away from the thief and returned to the owner.” This order of things can be explained very simply: “this form of punishment has an influence on the Cossacks, for their public punishment for petty theft has been introduced on the Don since ancient times; sending them without a queue to serve, replacing the next Cossacks of good behavior, gives the latter some relief”…

From the decree of the Governing Senate “On measures to punish criminals for theft below twenty rubles”, May 31, 1816.

…To work off what they stole for a price less than 20 rubles… these criminals must certainly stay in the provincial city in a workhouse, and in the district at city work, of which: for theft over five and ten rubles, ninety days; for theft of more than ten and fifteen rubles, one hundred and twenty days; for theft of more than fifteen and less than twenty rubles, one hundred and eighty workers, not including those free from work…

At any time, pay them twenty-five kopecks; of which ten kopecks should be paid to them for food and maintenance, and fifteen kopecks to replenish the amount worked…

Even if this amount exceeded the one awarded for service; but do not give anything from it to the criminal, but provide everything in favor of the Order of Public Charity…

(Attempts to introduce the work prescribed by this decree for Cossacks convicted of thefts were met with stubborn rejection by the Cossacks, and, for example, in 1821, a letter was sent from the Military Chancellery of the Don Army to the Senate, which stated that the Cossacks “by their constant readiness to service, there is no convenience in subjecting them to working out the price of stolen goods and thereby distracting them from their service duties for a considerable time.”— “Story”).

From the “Regulations on the Administration of the Don Army” approved by Emperor Nicholas I, May 26, 1835.

…Part 3.

…Exemptions from ordinary criminal laws (with some exceptions, confirming the provisions of the decree of the Governing Senate dated August 18, 1802, which suited the Cossacks.— “Story”).

§429. In general, when deciding investigative and criminal cases, the Military Criminal Court acts according to general laws, with the following exceptions.

§430. A serving or retired Cossack who commits theft at a price less than twenty rubles is punished for the first time by the Court at a full stanitsa muster, according to the custom introduced since ancient times in the Army, with the recovery of the stolen goods to the satisfaction of the owner.

§431. A Cossack, convicted of a similar theft another time, or of theft from twenty to one hundred rubles, upon punishment in the same way, with recovery of the stolen goods, is sent out of turn: if he is an employee, at the first assignment to the regiments, and if retired, to the internal service.

§432. A Cossack who commits theft from twenty to one hundred rubles on another occasion, or theft above one hundred rubles, is punished according to general laws.

§433. Cases of this kind, if they are not associated with other serious crimes, will be finally decided in the Military Criminal Court, and these decisions, after revision and approval by the Military Ataman, are carried out.

§434. Don Cossacks, due to their obligation to always be ready for service, if they are caught stealing at a price below twenty rubles, are not sent to other places outside the Army to earn this money…

From the decree of Emperor Nicholas I “On measures to suppress theft in the Black Sea Cossack Army,” announced by the Minister of War, General of the Cavalry, Prince A. I. Chernyshev, to the Commander-in-Chief of the Separate Caucasian Corps, General of the Infantry, Prince M. S. Vorontsov, December 8, 1848.

The Military Council, having considered the submission of the Department of Military Settlements on measures to suppress theft in the Black Sea Cossack Army, in agreement with the petition of Your Excellency and the conclusion of the General Presence of the Department, decided to establish the following rules on this issue:

1) Cossacks of the Black Sea Cossack army, convicted of theft, unless by law they are subject to exile to prison companies and if the stolen goods are lost, and they turn out to be insolvent, by a court verdict they are sent to the military Achuevsky fishing plant for earnings, so that wages the payment must be established by mutual agreement of the Military Board with the owner of the plant. The money earned by the Cossacks should be used to reward those persons from whom they stole something, devoting a third of the earnings to support the family of the criminal, if any. Upon satisfaction of the person offended by theft, release the culprit from work at the plant.

2) In general, the assignment of criminals from serving Cossacks to the earnings is allowed only during grace years from service.

3) Cossacks who are unable to do the work required in fishing factories should be given to work or service to willing village residents, subject to the conditions prescribed in the previous paragraphs.

4) In case of escape of Cossacks sent to work from the Achuevsky fishing plant or from their owner, they should be tried by a military court, as for escaping from prison companies.

5) Allow these rules to apply as a trial for five years, after which we will inform you either about the introduction of these rules into a permanent law or about their abolition, depending on the results that will be obtained from them…

(Five years later, the Crimean War of 1853-1856 took place, and Russian legislation contains no data on the further fate of these measures. But then, during the reforms of Emperor Alexander II, the introduction of all-Russian laws began on the territory of all Cossack troops.— “Story”).

From the “Charter on Military Service of the Don Cossack Army” approved by Emperor Alexander II, April 17, 1875.

…Chapter I. General provisions…

7. All persons of the Cossack class who have reached eighteen years of age are enlisted in the military personnel…

Chapter III. On the civil rights and responsibilities of service Cossacks (service Cossacks)…

19. Cossacks not listed in active service are subject to general laws…

22. Serving Cossacks who are not on active service are subject to the jurisdiction of the criminal court of the civil department, with the exception of: a) failure to appear when called up for active service or to training and inspection training; b) crimes and misdemeanors committed during these training sessions; and c) violation of the duties of military discipline and military honor in obligatory relations relating to military service. In these cases, the above-mentioned persons are subject to liability in the manner prescribed by military criminal laws…

(This charter applied to all other Cossack troops.— “Story”).

Publication by Evgeny Zhirnov