It is hardly fair to compare the Zemstvo with the older institutions of a similar kind in Western Europe, and especially with our own local self-government. Our institutions have all grown out of real, practical wants keenly felt by a large section of the population. Cautious and conservative in all that concerns the public welfare, we regard change as a necessary evil, and put off the evil day as long as possible, even when convinced that it must inevitably come. Thus our administrative wants are always in advance of our means of satisfying them, and we use vigorously those means as soon as they are supplied. Our method of supplying the means, too, is peculiar. Instead of making a tabula rasa, and beginning from the foundations, we utilise to the utmost what we happen to possess, and add merely what is absolutely indispensable. Metaphorically speaking, we repair and extend our political edifice according to the changing necessities of our mode of life, without paying much attention to abstract principles or the contingencies of the distant future. The building may be an aesthetic monstrosity, belonging to no recognised style of architecture, and built in defiance of the principles laid down by philosophical art critics, but it is well adapted to our requirements, and every hole and corner of it is sure to be utilised.
Very different has been the political history of Russia during the last two centuries. It may be briefly described as a series of revolutions effected peaceably by the Autocratic Power. Each young energetic sovereign has attempted to inaugurate a new epoch by thoroughly remodelling the Administration according to the most approved foreign political philosophy of the time. Institutions have not been allowed to grow spontaneously out of popular wants, but have been invented by bureaucratic theorists to satisfy wants of which the people were still unconscious. The administrative machine has therefore derived little or no motive force from the people, and has always been kept in motion by the unaided energy of the Central Government. Under these circumstances it is not surprising that the repeated attempts of the Government to lighten the burdens of centralised administration by creating organs of local self-government should not have been very successful.
The Zemstvo, it is true, offered better chances of success than any of its predecessors. A large portion of the nobles had become alive to the necessity of improving the administration, and the popular interest in public affairs was much greater than at any former period. Hence there was at first a period of enthusiasm, during which great preparations were made for future activity, and not a little was actually effected. The institution had all the charm of novelty, and the members felt that the eyes of the public were upon them. For a time all went well, and the Zemstvo was so well pleased with its own activity that the satirical journals compared it to Narcissus admiring his image reflected in the pool. But when the charm of novelty had passed and the public turned its attention to other matters, the spasmodic energy evaporated, and many of the most active members looked about for more lucrative employment. Such employment was easily found, for at that time there was an unusual demand for able, energetic, educated men. Several branches of the civil service were being reorganised, and railways, banks, and joint-stock companies were being rapidly multiplied. With these the Zemstvo had great difficulty in competing. It could not, like the Imperial service, offer pensions, decorations, and prospects of promotion, nor could it pay such large salaries as the commercial and industrial enterprises. In consequence of all this, the quality of the executive bureaux deteriorated at the same time as the public interest in the institution diminished.
To be just to the Zemstvo, I must add that, with all its defects and errors, it is infinitely better than the institutions which it replaced. If we compare it with previous attempts to create local self-government, we must admit that the Russians have made great progress in their political education. What its future may be I do not venture to predict. From its infancy it has had, as we have seen, the ambition to play a great political part, and at the beginning of the recent stirring times in St. Petersburg its leading representatives in conclave assembled took upon themselves to express what they considered the national demand for liberal representative institutions. The desire, which had previously from time to time been expressed timidly and vaguely in loyal addresses to the Tsar, that a central Zemstvo Assembly, bearing the ancient title of Zemski Sobor, should be convoked in the capital and endowed with political functions, was now put forward by the representatives in plain unvarnished form. Whether this desire is destined to be realised time will show.
CHAPTER XXXIII
THE NEW LAW COURTS
Judicial Procedure in the Olden Times—Defects and Abuses—Radical Reform—The New System—Justices of the Peace and Monthly Sessions—The Regular Tribunals—Court of Revision—Modification of the Original Plan—How Does the System Work?—Rapid Acclimatisation—The Bench—The Jury—Acquittal of Criminals Who Confess Their Crimes—Peasants, Merchants, and Nobles as Jurymen—Independence and Political Significance of the New Courts.
After serf-emancipation and local self-government, the subject which demanded most urgently the attention of reformers was the judicial organisation, which had sunk to a depth of inefficiency and corruption difficult to describe.
In early times the dispensation of justice in Russia, as in other States of a primitive type, had a thoroughly popular character. The State was still in its infancy, and the duty of defending the person, the property, and the rights of individuals lay, of necessity, chiefly on the individuals themselves. Self-help formed the basis of the judicial procedure, and the State merely assisted the individual to protect his rights and to avenge himself on those who voluntarily infringed them.
By the rapid development of the Autocratic Power all this was changed. Autocracy endeavoured to drive and regulate the social machine by its own unaided force, and regarded with suspicion and jealousy all spontaneous action in the people. The dispensation of justice was accordingly appropriated by the central authority, absorbed into the Administration, and withdrawn from public control. Themis retired from the market-place, shut herself up in a dark room from which the contending parties and the public gaze were rigorously excluded, surrounded herself with secretaries and scribes who put the rights and claims of the litigants into whatever form they thought proper, weighed according to her own judgment the arguments presented to her by her own servants, and came forth from her seclusion merely to present a ready-made decision or to punish the accused whom she considered guilty.