The Life of Tolstoy: First Fifty Years: Fifth EditionMaude, Aylmer
General
The Life of Tolstoy: First Fifty Years: Fifth Edition
Maude, Aylmer
Tolstoy, Leo, graf, 1828-1910
Mark, by my order, is at liberty to go immediately, with his
wife, where he likes; and I beg you (1) to compensate him for the
three-and-a-half months he has been illegally kept at work by you
since the Decree was published, and (2) for the blows still more
illegally inflicted on his wife. If my decision displeases you,
you have a right of appeal to the Magistrates' Sessions and to the
Government Sessions. I shall not enter into further explanations
on this subject.--With entire respect I have the honour to remain,
your humble servant,
C^{t.} L. TOLSTOY.
The lady appealed to the Magistrates' Sessions, and Tolstoy's decision
was annulled; but on the case being carried to the Government Sessions,
his view of the case prevailed.
Before he had been a year in office we find him writing to the
Government of the Toúla Board of Peasant Affairs as follows:
As the complaints [here follows a list of several cases] lodged
against my decisions have no legal justification, but yet in these
and many other cases my decisions have been and are being repealed,
so that almost every decision I give is subsequently reversed; and
as under such conditions--destructive both of the peasants' and
the landowners' confidence in the Arbiter--the latter's activity
becomes not merely useless but impossible, I humbly request the
Government Board to authorise one of its members to hasten the
examination of the above-mentioned appeals, and I have to inform
the Government Board that until such investigations are completed
I do not consider it proper that I should exercise the duties of
my office, which I have, therefore, handed over to the senior
Candidate.
The following month he resumed official work, but six weeks later,
on 30th April 1862, on the score of ill-health, he handed the duties
over to a substitute; and on 26th May--about a year after he had first
assumed the office--the Senate informed the Governor of Toúla that
it 'had decided to discharge the Lieutenant of Artillery, Count Leo
Tolstoy, on the ground of ill-health' from the post of Arbiter of the
Peace.
His unsatisfactory experience of administrative work no doubt helps to
account for the anti-Governmental bias shown in his later works. Even
at this time, he quite shared the dislike of civil and criminal law
expressed by Rousseau when he wrote in his _Confession_:
The justice and the inutility of my appeals left in my mind a germ
of indignation against our stupid civil institutions, in which the
true welfare of the public, and veritable justice, are always
sacrificed to I know not what apparent order, really destructive of
all order, and which merely adds the sanction of public authority
to the oppression of the weak and the iniquity of the strong.
Public-domain text, read in full here on John Shaqi.
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