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 the Nakaz 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.

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