Frank Nesemann
no longer contained the passages which the Finns had regarded as being
contrary to their “fundamental laws”.
Compared to the first constitutional conflict between Russians and
Finns, the second one was much more severe. It was waged over the question
of equal rights for the tsar‟s Finnish subjects of Orthodox faith in the public
life of the Grand Duchy, not least about the question of whether they were to
be given access to the country‟s civil service. Proposed to the tsar by
Zakrevskii, this plan encountered firm resistance on the part of the Finnish
Senate. It vigorously objected to Zakrevskii having overridden the rights of
the Finns, since, according to valid constitutional law, only Lutherans were
allowed to enter civil service. Hence, the Senate pointed out to Alexander I in
May 1825 that the settlement intended by Zakrevskii necessarily required a
corresponding change to Finland‟s “fundamental laws”, i.e. the consent of the
Finnish estates convened at a diet.
49
These arguments, however, ultimately
failed to have any effect. With Alexander I already having declared himself
in favour of Zakrevskii‟s initiative,
50
his successor Nicholas I signed a
corresponding directive in June 1826. A general ukaz, promulgated in 1827,
finally confirmed the decision solemnly, making it simultaneously known to
the Finnish public.
51
Although this second conflict reached its peak in 1825 and 1826, with
Zakrevskii already serving as governor-general, it had its origins in the era of
Steinheil. In November 1821, a group of Orthodox believers from Northern
Karelia had already addressed Steinheil, complaining about being
discriminated against in Finland‟s public life due to the fact that they did not
belong to the Lutheran state church. Steinheil had obviously advocated the
demands of the Orthodox believers to state secretary Rehbinder, asking him
to present them to the tsar “insofar as he regarded this to be convenient”. In
this context, Steinheil had also stressed the fact that, at Finland‟s university in
Turku (Åbo), Orthodox believers were only allowed to study philosophical
subjects and that they were totally excluded from civil service in the Grand
Duchy.
52
As Zakrevskii wrote to Nicholas I in 1826, Rehbinder did not react
to Steinheil‟s request. As a consequence of this, Zakrevskii explained,
Steinheil had obviously stopped pursuing the whole matter.
53
It was therefore
up to Zakrevskii to do this again.
Given the importance of the constitutional conflict of 1825 and 1826,
it is certainly worth examining how Zakrevskii reacted to the juridical
arguments of the Senate and how he justified his own position. Zakrevskii
was addressed by the Orthodox believers from Karelia while he was on a
major tour of inspection around the Grand Duchy in 1824. Above all, the
plaintiffs wished to be entitled to elect representatives to the district courts, as
this was possible in Old Finland. In addition, they asked that court procedures
with Orthodox participants should not be held on days which were regarded
as holidays according to the Orthodox calendar.
54
Taking up these requests,
Zakrevskii vigorously spoke up for the emancipation of the Orthodox