THE ASTONISHING INSTITUTION CALLED CRIMINAL LAW.

Maslova might be sent off with the first gang of prisoners, therefore Nekhludoff got ready for his departure. But there was so much to be done that he felt that he could not finish it, however much time he might have. It was quite different now from what it had been. Formerly he used to be obliged to look for an occupation, the interest of which always centred in one person, i.e., Dmitri Ivanovitch Nekhludoff, and yet, though every interest of his life was thus centred, all these occupations were very wearisome. Now all his occupations related to other people and not to Dmitri Ivanovitch, and they were all interesting and attractive, and there was no end to them. Nor was this all. Formerly Dmitri Ivanovitch Nekhludoff's occupations always made him feel vexed and irritable; now they produced a joyful state of mind. The business at present occupying Nekhludoff could be divided under three headings. He himself, with his usual pedantry, divided it in that way, and accordingly kept the papers referring to it in three different portfolios. The first referred to Maslova, and was chiefly that of taking steps to get her petition to the Emperor attended to, and preparing for her probable journey to Siberia.

The second was about his estates. In Panovo he had given the land to the peasants on condition of their paying rent to be put to their own communal use. But he had to confirm this transaction by a legal deed, and to make his will, in accordance with it. In Kousminski the state of things was still as he had first arranged it, i.e., he was to receive the rent; but the terms had to be fixed, and also how much of the money he would use to live on, and how much he would leave for the peasants' use. As he did not know what his journey to Siberia would cost him, he could not decide to lose this revenue altogether, though he reduced the income from it by half.

The third part of his business was to help the convicts, who applied more and more often to him. At first when he came in contact with the prisoners, and they appealed to him for help, he at once began interceding for them, hoping to lighten their fate, but he soon had so many applications that he felt the impossibility of attending to all of them, and that naturally led him to take up another piece of work, which at last roused his interest even more than the three first. This new part of his business was finding an answer to the following questions: What was this astonishing institution called criminal law, of which the results were that in the prison, with some of the inmates of which he had lately become acquainted, and in all those other places of confinement, from the Peter and Paul Fortress in Petersburg to the island of Sakhalin, hundreds and thousands of victims were pining? What did this strange criminal law exist for? How had it originated?

From his personal relations with the prisoners, from notes by some of those in confinement, and by questioning the advocate and the prison priest, Nekhludoff came to the conclusion that the convicts, the so-called criminals, could be divided into five classes. The first were quite innocent people, condemned by judicial blunder. Such were the Menshoffs, supposed to be incendiaries, Maslova, and others. There were not many of these; according to the priest's words, only seven per cent., but their condition excited particular interest.

To the second class belong persons condemned for actions done under peculiar circumstances, i.e., in a fit of passion, jealousy, or drunkenness, circumstances under which those who judged them would surely have committed the same actions.

The third class consisted of people punished for having committed actions which, according to their understanding, were quite natural, and even good, but which those other people, the men who made the laws, considered to be crimes. Such were the persons who sold spirits without a license, smugglers, those who gathered grass and wood on large estates and in the forests belonging to the Crown; the thieving miners; and those unbelieving people who robbed churches.

To the fourth class belonged those who were imprisoned only because they stood morally higher than the average level of society. Such were the Sectarians, the Poles, the Circassians rebelling in order to regain their independence, the political prisoners, the Socialists, the strikers condemned for withstanding the authorities. There was, according to Nekhludoff's observations, a very large percentage belonging to this class; among them some of the best of men.

The fifth class consisted of persons who had been far more sinned against by society than they had sinned against it. These were castaways, stupefied by continual oppression and temptation, such as the boy who had stolen the rugs, and hundreds of others whom Nekhludoff had seen in the ............