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must above all become the guiding principles of the future activity of the legislator. The repressive policy, taken by itself, has been and will always be the first and main source of the clannishness of the Jews and their aloofness from Russian life.... The prohibitive laws have not improved the Jews. On the contrary, they have developed in them the spirit of opposition, and have prompted them to devise all the time most dexterous means of evading the law, thereby corrupting the lower executives of the State power. These laws affect the daily doings of every member of the Jewish population, and they extend to such spheres of life and activity in which State control is almost impossible. They touch the domain of private contract law (the prohibition of land leases), the domain of physical liberty and the need of human locomotion (the prohibition to transgress the Pale of Settlement, or to live in villages within fifty versts of the border), the domain of daily pursuits and earnings (the prohibition of several professions), and many others. No law will ever be able to check effectively the legal violations in these hourly acts and common relations of life. It is impossible to attach a policeman or a public prosecutor or a justice of the peace to every Jew. And yet it is perfectly natural that, being restricted in the most elementary rights of a subject--to take as one instance only the right of free movement--every Jew should daily attempt to violate and evade such burdensome regulations. This is perfectly natural and intelligible.... About ninety per cent of the whole Jewish population form a mass of people that are entirely unprovided for, and come near being a proletariat--a mass that lives from hand to mouth, amidst poverty, and most oppressive sanitary and general conditions. This very proletariat is occasionally the target of tumultuous popular uprisings. The Jewish mass lives in fear of pogroms and in fear of violence. It looks with envy upon the Jews of the adjacent governments of the Kingdom of Poland, who are almost entirely emancipated, though living under the jurisdiction of the same State. [1] The law itself places the Jews in the category of "alien races," on the same level with the Samoyeds and pagans. [2] In a word the abnormal condition of the present position of the Jews in Russia is evidenced by the instability and vague
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