Leo Tolstoy - Leo Tolstoy - The Complete Novels (The Greatest Novelists of All Time – Book 4)

He let his eyes rest on Alexey Alexandrovitch’s feet, feeling that he might offend his client by the sight of his irrepressible amusement. He looked at a moth that flew before his nose, and moved his hands, but did not catch it from regard for Alexey Alexandrovitch’s position.

“Though in their general features our laws on this subject are known to me,” pursued Alexey Alexandrovitch, “I should be glad to have an idea of the forms in which such things are done in practice.”

“You would be glad,” the lawyer, without lifting his eyes, responded, adopting, with a certain satisfaction, the tone of his client’s remarks, “for me to lay before you all the methods by which you could secure what you desire?”

And on receiving an assuring nod from Alexey Alexandrovitch, he went on, stealing a glance now and then at Alexey Alexandrovitch’s face, which was growing red in patches.

“Divorce by our laws,” he said, with a slight shade of disapprobation of our laws, “is possible, as you are aware, in the following cases…. Wait a little!” he called to a clerk who put his head in at the door, but he got up all the same, said a few words to him, and sat down again. “…In the following cases: physical defect in the married parties, desertion without communication for five years,” he said, crooking a short finger covered with hair, “adultery” (this word he pronounced with obvious satisfaction), “subdivided as follows” (he continued to crook his fat fingers, though the three cases and their subdivisions could obviously not be classified together): “physical defect of the husband or of the wife, adultery of the husband or of the wife.” As by now all his fingers were used up, he uncrooked all his fingers and went on: “This is the theoretical view; but I imagine you have done me the honor to apply to me in order to learn its application in practice. And therefore, guided by precedents, I must inform you that in practice cases of divorce may all be reduced to the following— there’s no physical defect, I may assume, nor desertion?…”

Alexey Alexandrovitch bowed his head in assent.

“—May be reduced to the following: adultery of one of the married parties, and the detection in the fact of the guilty party by mutual agreement, and failing such agreement, accidental detection. It must be admitted that the latter case is rarely met with in practice,” said the lawyer, and stealing a glance at Alexey Alexandrovitch he paused, as a man selling pistols, after enlarging on the advantages of each weapon, might await his customer’s choice. But Alexey Alexandrovitch said nothing, and therefore the lawyer went on: “The most usual and simple, the sensible course, I consider, is adultery by mutual consent. I should not permit myself to express it so, speaking with a man of no education,” he said, “but I imagine that to you this is comprehensible.”

Alexey Alexandrovitch was, however, so perturbed that he did not immediately comprehend all the good sense of adultery by mutual consent, and his eyes expressed this uncertainty; but the lawyer promptly came to his assistance.

“People cannot go on living together—here you have a fact. And if both are agreed about it, the details and formalities become a matter of no importance. And at the same time this is the simplest and most certain method.”

Alexey Alexandrovitch fully understood now. But he had religious scruples, which hindered the execution of such a plan.

“That is out of the question in the present case,” he said. “Only one alternative is possible: undesigned detection, supported by letters which I have.”

At the mention of letters the lawyer pursed up his lips, and gave utterance to a thin little compassionate and contemptuous sound.

“Kindly consider,” he began, “cases of that kind are, as you are aware, under ecclesiastical jurisdiction; the reverend fathers are fond of going into the minutest details in cases of that kind,” he said with a smile, which betrayed his sympathy with the reverend fathers’ taste. “Letters may, of course, be a partial confirmation; but detection in the fact there must be of the most direct kind, that is, by eyewitnesses. In fact, if you do me the honor to intrust your confidence to me, you will do well to leave me the choice of the measures to be employed. If one wants the result, one must admit the means.”

“If it is so…” Alexey Alexandrovitch began, suddenly turning white; but at that moment the lawyer rose and again went to the door to speak to the intruding clerk.

“Tell her we don’t haggle over fees!” he said, and returned to

Alexey Alexandrovitch.

On his way back he caught unobserved another moth. “Nice state my rep curtains will be in by the summer!” he thought, frowning.

“And so you were saying?…” he said.

“I will communicate my decision to you by letter,” said Alexey Alexandrovitch, getting up, and he clutched at the table. After standing a moment in silence, he said: “From your words I may consequently conclude that a divorce may be obtained? I would ask you to let me know what are your terms.”

“It may be obtained if you give me complete liberty of action,” said the lawyer, not answering his question. “When can I reckon on receiving information from you?” he asked, moving towards the door, his eyes and his varnished boots shining.

“In a week’s time. Your answer as to whether you will undertake to conduct the case, and on what terms, you will be so good as to communicate to me.”

“Very good.”

The lawyer bowed respectfully, let his client out of the door, and, left alone, gave himself up to his sense of amusement. He felt so mirthful that, contrary to his rules, he made a reduction in his terms to the haggling lady, and gave up catching moths, finally deciding that next winter he must have the furniture covered with velvet, like Sigonin’s.

Table of Contents

Alexey Alexandrovitch had gained a brilliant victory at the sitting of the Commission of the 17th of August, but in the sequel this victory cut the ground from under his feet. The new commission for the inquiry into the condition of the native tribes in all its branches had been formed and despatched to its destination with an unusual speed and energy inspired by Alexey Alexandrovitch. Within three months a report was presented. The condition of the native tribes was investigated in its political, administrative, economic, ethnographic, material, and religious aspects. To all these questions there were answers admirably stated, and answers admitting no shade of doubt, since they were not a product of human thought, always liable to error, but were all the product of official activity. The answers were all based on official data furnished by governors and heads of churches, and founded on the reports of district magistrates and ecclesiastical superintendents, founded in their turn on the reports of parochial overseers and parish priests; and so all of these answers were unhesitating and certain. All such questions as, for instance, of the cause of failure of crops, of the adherence of certain tribes to their ancient beliefs, etc.— questions which, but for the convenient intervention of the official machine, are not, and cannot be solved for ages— received full, unhesitating solution. And this solution was in favor of Alexey Alexandrovitch’s contention. But Stremov, who had felt stung to the quick at the last sitting, had, on the reception of the commission’s report, resorted to tactics which Alexey Alexandrovitch had not anticipated. Stremov, carrying with him several members, went over to Alexey Alexandrovitch’s side, and not contenting himself with warmly defending the measure proposed by Karenin, proposed other more extreme measures in the same direction. These measures, still further exaggerated in opposition to what was Alexey Alexandrovitch’s fundamental idea, were passed by the commission, and then the aim of Stremov’s tactics became apparent. Carried to an extreme, the measures seemed at once to be so absurd that the highest authorities, and public opinion, and intellectual ladies, and the newspapers, all at the same time fell foul of them, expressing their indignation both with the measures and their nominal father, Alexey Alexandrovitch. Stremov drew back, affecting to have blindly followed Karenin, and to be astounded and distressed at what had been done. This meant the defeat of Alexey Alexandrovitch. But in spite of failing health, in spite of his domestic griefs, he did not give in. There was a split in the commission. Some members, with Stremov at their head, justified their mistake on the ground that they had put faith in the commission of revision, instituted by Alexey Alexandrovitch, and maintained that the report of the commission was rubbish, and simply so much waste paper. Alexey Alexandrovitch, with a following of those who saw the danger of so revolutionary an attitude to official documents, persisted in upholding the statements obtained by the revising commission. In consequence of this, in the higher spheres, and even in society, all was chaos, and although everyone was interested, no one could tell whether the native tribes really were becoming impoverished and ruined, or whether they were in a flourishing condition. The position of Alexey Alexandrovitch, owing to this, and partly owing to the contempt lavished on him for his wife’s infidelity, became very precarious. And in this position he took an important resolution. To the astonishment of the commission, he announced that he should ask permission to go himself to investigate the question on the spot. And having obtained permission, Alexey Alexandrovitch prepared to set off to these remote provinces.