There is only one possible position for an intelligent ruler who seeks

to secure veracious information. That is to institute a free press and

an independent parliament. To be sure, both press and parliament may be

led astray, and lead astray. It is unquestionably easier to find one's

way in a few reports of the highest counsellors than in the chaotic

confusion of voices of unmuzzled newspaper writers and members of

parliament, among whom, it cannot be denied, conscienceless demagogues

find place only too quickly. But he who bears such heavy responsibility

should not avoid difficulties; and there is absolutely no other means of

gaining a hearing for the truth than by the free utterance of every

criticism. Finally, one learns to read and to hear, and comes to

distinguish between real arguments and those of demagogues. No one

outside the country can form a conception of how the Russian press and

the elements of parliamentary institutions are oppressed by the camorra

of officials. The zemstvo of the province of Tver, which had the

effrontery to entertain wishes for a constitution, was dissolved; and

this is the least that happens in such cases. The persecution of the

persons who are under suspicion of exerting especial influence upon

their fellows--this is the evil. They are surprised by night, and in the

most fortunate cases are held in prison for months during

investigations. In other cases, when the search shows that the smallest

bit of forbidden literature was in the hands of the suspected man, his

exile to a distant province or to Siberia is a matter of course. These

things, however, are unfortunately only too well known. What is not so

well known is the way editors are treated who presume to wish to edit a

sheet or who draw upon themselves as editors the displeasure of the

police. The head censor in St. Petersburg, chief of the highest bureau

of the press, is a certain Zvyerev, a former Liberal professor in the

University of Moscow. Renegades are always the worst. Since Zvyerev has

been censor the restrictions of the Russian press have been severer than

ever. I became acquainted with the former editor-in-chief of a great

paper, who sketched for me the examination he underwent before

permission was granted him to edit a paper under censorship. There are,

I should explain, two sorts of papers in Russia. The first are those

which appear ostensibly without censorship, at their own risk, and at

the slightest slip are simply suppressed. It is easy to guess how ready

people are to invest in such enterprises. Those of the second sort are

papers under censorship, which are submitted to the censor before they

appear, and through his oversight receive a certain protection, not, to

be sure, of a very far-reaching kind. This, however, is the only method

by which any capital can be secured; and without capital to-day the

founding of a paper is an impossibility.

Ivan Mikhailitch Golitzyn, then, wishes to start a paper, has taken all

preparatory steps, has procured capital and valuable testimonials, and

appears now before the mighty Zvyerev to request the final license.

Zvyerev is a snob and bows to a great name. Therefore he cannot

immediately say no, for the candidate has taken care to obtain

testimonials from the most prominent people. Therefore the following

dialogue ensues:

"Ivan Mikhailitch, I know you and your family. You are a Russian noble,

and as such are called upon to protect the interests of our Emperor and

of the church. There is also nothing to be said against your patrons.

But you yourself, ever since your student days, have been under

suspicion of harboring Western ideas. Your associations also are not

entirely above suspicion. I am informed that you associate with Jews."

"Your excellency knows that my paper is to stand for progress, which

certainly is not forbidden, and if Jews are among my acquaintances, it

would be unchristian to insult them by turning my back on them."

"Yes, that is all very well. But I should like to know whether you will

oppose the impertinences of the Jews with the necessary vigor?"

"Your excellency will perceive that a paper which stands for progress

cannot attack the Jews without good reason. But, on the other hand, it

cannot be philo-Semitic, for our mercantile class would not advertise,

on account of their anti-Semitic feeling, and the paper could not

continue."

"Will your paper support the absurd efforts which are being made towards

the introduction of a constitution?"

"We will concern ourselves only with practical questions. The

introduction of a constitution does not belong to these."

"But if one of your editors should make an attempt to enter upon the

discussion of this question, would you permit it?"

"My editors know the programme and will not attempt any disloyalty to

it. But should the case occur, it would be my duty to protect the

integrity of the programme."

"Ivan Mikhailitch, you are a clever man and know how to make evasive

answers. I cannot refuse you a license. But I warn you! And beware of

the Jews. That is the first duty of a Russian nobleman to-day."

That is the conversation which has certainly been carried on more than

once in Zvyerev's office before the founding of a paper. In striking

agreement with it is the scene which Struve reports in his

_Osvobozhdenie_, when, after the suppression of a paper, the editor

presents himself because his license has been taken away unjustly.

Again, take the case of a Moscow paper which has published a poem

delivered at the time of a public festival, but in which the author had

afterwards made some changes. The paper--I do not remember its name--was

suppressed. The publisher or the editor, who is likewise said to have

been a Russian noble, went to St. Petersburg, and objected that, as his

paper appeared under censorship, if any one was to blame it was the

censor who had let this poem pass. Zvyerev, however, showed plainly that

latter-day tendencies did not please him, and that he only wanted an

excuse for taking measures against the paper. Of course such measures

mean, under some circumstances, financial ruin; in any case, severe

injury to all the contributors. Therefore suppression of the license is

an unusually effective means of pressure to bring to bear against the

convictions of editors. In this case pressure of such a monstrous kind

was attempted as it is to be hoped stands alone in the chapter of

censor-tyranny. The editor was told in plain words, by Zvyerev, that he

might permit it to be stated that the poem had been smuggled into the

paper behind his back by the Jews, and that the minister of the interior

would at once grant a license for the reappearance of the paper. The

editor, of course, refused the demand, and a new page was added to the

book of Russian infamy. Zvyerev is still in office as a worthy assistant

to his minister, Plehve.

The oppression of independent-minded organs is, however, not the only

expedient of Russian policy in regard to the press. Its antithesis is

not absent--official support of the revolutionary and provincial press.

Russia rejoices in one journal which has not its equal in untruthfulness

and diabolical baseness in the whole world, the _Novoye Vremya_. This

Panslavic sheet, which is ready to eat all Germans and Jews alive, and

which finds no lie too infamous, no invention too childish to serve up

to its readers, if only their prejudices are tickled, is openly

supported by the Russian government. It therefore contains an

incomparably greater amount of news than any other, has consequently the

most subscribers, and can pay its contributors and correspondents the

best, so that every one who wants to read a paper with plenty of news

has to take this noble organ. I found it everywhere in Russian houses,

and if I asked the master of the house his opinion of it, the answer was

everywhere the same: "Infamous, but indispensable."

It is, then, carefully seen that in Russia, as elsewhere, emperors--and

other people--do not hear the truth. The autocracy, or rather

bureaucracy, surrounds itself with bulwarks which nothing can penetrate.

It will need an earthquake to make a breach. This earthquake is, indeed,

according to the common opinion of all thinking Russians, nearer than is

generally supposed. It is the financial breaking-up of a system now held

together only by foreign loans.

XXII

SOME REALITIES OF THE LEGAL PROFESSION

At a social gathering which I must not describe because I do not wish to

make it recognizable, I had an unusual privilege. We were drinking tea

and talking--politics, of course, for no one any longer talks of

anything else in Russia--when the door opened and a tall and very

stately couple entered. A general exclamation hailed the new arrivals.

They were welcomed with striking heartiness and invited to the table, as

people who had returned from a long journey. When introduced to them I,

of course, did not understand their names, and contented myself with

enjoying the handsome appearance and elegance of the gentleman as well

as of the lady until I could ask my neighbor at table why these people

were welcomed with such surprising warmth.

"He has just come out of prison," was the hastily whispered reply.

The communication had such an effect that I was unable to finish the

meal. It is not a usual thing for a western European to sit among the

guests of a prominent family with people who have just been discharged

from prison. Moreover, among us, culprits do not look like this

uncommonly handsome pair. Finally, it is not customary with us to

receive with such heartiness people who have just discarded prison

shackles. I therefore asked for the name and crime of the new-comer. I

was told, and at once I understood everything.

This courtly gentleman was a Russian noble and a prominent lawyer. At my

request he related in German his prison experiences. He had, it seems,

been arrested at night and immediately incarcerated. His wife had taken

the children out of bed, because even the beds had to be searched for

forbidden literature, and the like. The pretext for this night visit of

the police had been that the lawyer had been informed against as having

given shelter to a political fugitive. For this reason search was made

even in the cradle of the smallest child, in order to make sure that the

criminal was not hidden there. The true ground, however, was that Mr.

von X----, as a lawyer, defended political criminals and must be dealt

with accordingly. Eleven days were spent in examining him. The search of

the house revealed nothing; for only the most reckless have a trace of

forbidden literature in their houses, although Struve's

_Osvobozhdenie_[7] is read almost everywhere. No other accusation could

be brought against a man so highly honored. He was also not altogether

without means of defence in his large clientage. His case had caused a

great sensation. The outbreak of the Russo-Japanese war had, however,

caused the authorities to content themselves with treating him to the

pleasures of a short residence in a police hole, and they refrained for

the time being from exiling or banishing him from the place of his

practice--an experience which might easily enough happen after a much

longer investigation to lawyers less noted or of lower rank.

After this little incident, noteworthy enough to a foreigner, I became

much interested in the troubles of lawyers, and obtained the amplest

information on the subject. I even incidentally made the acquaintance of

one of the officially disciplined lawyers of Kishinef, but was unable to

converse with him, as he spoke no language other than Russian. He was a

vigorous man, rather young, with heavy, dark hair and beard, and of a

distinctively Russian type. As the son of a priest, he ought to have

had, according to the ideas of people of discretion, something better to

do than to interfere with the programme of the government. But Dr.

Lokoloff, the lawyer in question, is a remarkable man. He believes it to

be an advocate's duty to uphold justice; and he absolutely refused to

admit that justice in Russia is a matter of politics. I managed to learn

more about the proceedings against Dr. Lokoloff from a well-informed

colleague of his whose name I, of course, may not disclose. Since the

simple recital of such a case is more instructive than whole volumes of

generalizations, I will give it in detail as related to me. I may,

however, promise that the case is by no means the worst I have heard of,

as the government takes much severer measures to terrorize lawyers and

to prevent them from defending "politically inconvenient" persons. The

case of Lokoloff, moreover, calls for more detailed treatment because

the massacre perpetrated at Kishinef, in the name of the Czar, has at

last drawn public attention to the conditions in his dominions.

The participation of the government organs in the "pogrom" of Kishinef

was exposed by another lawyer, Dr. Paul N. von Pereverseff, who expiated

his accusation with exile to Archangel, where he and his wife now live

in a village, while his children are being sheltered by relatives.

Pereverseff had gone to Kishinef after the disturbances, and had there

made the acquaintance of Pronin, Krushevan, Stefanoff, and Baron

Levendahl, at that time in command of the gendarmes at Kishinef. Since

he came as counsel for the accused, and was a Russian nobleman above

suspicion, he at once enjoyed the confidence of these honest men. Thus

he learned that Pronin, the colleague of Krushevan and the protégé of

Plehve, in his character of member of the committee for poor culprits,

gave exact instructions to the prisoners how they should speak in the

legal proceedings. Pereverseff soon became convinced that the chief

culprit--namely, Plehve, who had planned to administer punishment to the

Jews, and to present a new accusation against them to the Czar, would

not appear at the bar. Instead there would appear only the poor wretches

who had been directed to plunder and kill the Jews by order of the Czar.

Dr. Lokoloff arrived at Kishinef in May, 1903, as advocate for the

injured parties, and learned there from Pereverseff what the latter had

already discovered. He then made a personal investigation extending over

several months, in the course of which he discovered also that the

"pogrom" of the police and of Baron Levendahl had been instigated by

direct orders from higher authorities. He gave expression to this

conviction in the course of the proceedings, and was, in consequence,

imprisoned on an order telegraphed direct from the minister of the

interior to Prince Urussoff, the governor, on December 9, 1903.

On the day following the despatch of the telegram a letter from Plehve

reached Prince Urussoff, in which the former desired that the

proceedings of Lokoloff in Kishinef be immediately reported and his

exile to the north decreed. Prince Urussoff himself visited Lokoloff in

prison, and made him acquainted with Plehve's message, whereupon

Lokoloff wrote a protocol in answer to four charges based upon data

furnished by the gendarmes, as follows (the accusation is given first

and is followed by Lokoloff's answer):

"I. It is asserted that you have come to Kishinef in a

professional capacity, with the ostensible purpose of affording

legal assistance to the injured parties, but in reality to carry

on, in conjunction with other persons whose activity in opposition

to the government is well known, a private investigation parallel

with the legal one, to incite the Jews to make biased statements,

serviceable to the purposes of the opposition, and to bring forward

groundless complaints.

"_Answer._ Yes, I have carried on an investigation, and in so doing

have only discharged my duty. It is not forbidden in our country to

conduct investigation openly or secretly. My course of action was

dictated solely by the interests of my clients and the inadequate

official investigation. Very rich men took part in the

disturbances; but the official investigation detected only _poor_

ones as the accused. The interests of the injured persons, however,

demand that the _rich_ culprits also be brought to justice. The

investigation made by me was no secret. The governor, the state

attorney, the court of appeal, and the county court knew of it; and

I received my information in regard to the disturbances from

inhabitants of the city. In order to secure this information, I

questioned many hundreds of people who had been witnesses of the

disturbances. My offices were in special rooms, which were known to

the police. The assertion that the testimony was biased and false

is itself false.

"II. You have deliberately spread false assertions in order to

discredit the local authorities in the eyes of the government.

"_Answer._ I have never deliberately spread false assertions in

order to discredit the local authorities in the eyes of the

government.

"III. You have made use of your official position as counsel to

publish information concerning proceedings in closed sessions,

including the deliberately false assertion that in the legal

process the connivance of the authorities in the organization of

the disturbances, with the help of the authorities and of the

troops, was proved.

"_Answer._ I have never said that the disturbances were organized

by the government. But from very exact statements of witnesses, I

consider it proved that the disturbances were organized with the

help of very many official persons--as, for instance, Baron

Levendahl. [Here followed an exact statement of the details of the

action of Levendahl, which space will not permit me to give.] The

judge during the investigation, Freynat, himself acknowledged to me

that the leaders of the incendiaries were agents of Levendahl. I

myself demanded the attendance of Judge Freynat as a witness to

this. He was called, but not until after all the lawyers had been

excluded!

"The agents of Levendahl, who were imprisoned with the murderers,

were set free in the course of a few days, as is testified to by

witnesses.

"IV. You are in very intimate relations with persons who belong to

the radical opposition. These persons are Dr. Doroshevsky and Miss

Nemtzeva.

"_Answer._ Relations are not forbidden. I made the acquaintance of

Dr. Doroshevsky and Miss Nemtzeva only because they took part in

the 'pogrom,' to the extent of saving many Jews. Miss Vera Nemtzeva

is, moreover, the daughter of a respected proprietor."

Lokoloff wrote to the governor from prison to the effect that the

accusations were groundless, and that he was not guilty. On the receipt

of this letter Prince Urussoff visited him in his cell and admitted

that, in his judgment, Lokoloff was, in fact, wrongfully imprisoned. The

imprisonment, however, had been in obedience to an order from the

minister of the interior. The prince showed Lokoloff a copy of a letter

which he had sent to Plehve. This letter stated that according to

Prince Urussoff's interpretation of the law the action of Lokoloff did

not constitute a crime, and that therefore he could not order his

banishment to the north, but that Lokoloff was "fanatically convinced"

that the "pogrom" had been organized with the connivance of the

authorities, and that he had unconsciously imparted this conviction to

those with whom he came in contact. Therefore his residence in Kishinef

must be considered dangerous.

After some days Urussoff received a telegram from Plehve directing that

Lokoloff be liberated and that he be expelled from Kishinef.

Plehve's order was communicated by the governor to Lokoloff, who

expressed his astonishment that he should be expelled from Kishinef,

while Pronin, who in Urussoff's own opinion was one of the chief

offenders, was allowed to remain. This order, he added, would not tend

to a feeling of confidence in justice in Bessarabia.

As a matter of fact, the expulsion of Lokoloff was generally looked upon

as fresh evidence of the complicity of the government in the

disturbances.

No one in Kishinef now knows anything more about the affair.

Pereverseff, who had directly attacked the government, was severely

punished and banished; Lokoloff was expelled. "All quiet in Schepko

Street."

Of course the members of the legal profession in Russia do not regard

the matter with indifference. At a meeting of the Association of

Lawyers' Assistants the sympathy of those present was extended to

Lokoloff; and at the monthly banquet of the Literary Alliance at St.

Petersburg the members even went so far as to express its disapprobation

of the action of the government in the affair.

The minister of justice, Muraviev, however, the worthy colleague of

Plehve, explained to a deputation of lawyers which congratulated him on

his jubilee in January last, that he was favorably disposed towards the

profession, but that advocates would do well to _avoid "pleading

politically," since it was very prejudicial, indeed dangerous, to the

profession, which might easily suffer for its independence._ A word to

the wise, etc.

Such are the joys of the legal profession in Russia, and such is the

fate of those who speak in defence of the right. The people of other

countries will appreciate the services to truth and justice which, in

spite of all obstacles, the undaunted advocate performs.

Such are some of the stern realities of an advocate's life in Russia,

and such the possible, nay probable, fate of any one who "pleads

politically" in defence of the right. It will be apparent to the

citizens of other countries at what a cost the conscientious members of

the legal profession discharge, in spite of endless obstacles, their

duty to truth and justice.

FOOTNOTE:

[7] Liberation.

XXIII

THE STUDENT BODY IN RUSSIA

Not very long after the dismissal of the former minister of education,

Sänger, I sought out a certain university professor who had been

mentioned to me as being accurately informed about university affairs.

Of course, my visit to him had been carefully planned, for it is not

possible in Russia for a person--least of all if he be an official--to

express himself freely to strangers.

The information which I received from this authority on the general

political and economic position of Russia agreed with the discussions I

had heard on every side. Misery, despair, inevitable collapse, these

were the words which were most noticeable in his description, too, and

it would be almost superfluous for one to reproduce the conversation

unless certain additional details had been brought out which are

particularly characteristic of the intense ferment in which intellectual

Russia is at just this time involved.

Just previously several students had been arrested. I asked about the

cause of the arrest and the probable fate of the young folks. A

demonstration in favor of the Japanese had been held by the students,

and had been reported. This was the cause of the arrest. "As yet nothing

can be said about the fate of the incautious young men," the professor

answered.

"You say that the students held a demonstration for the Japanese? It is

scarcely credible!"

"And yet it is true. All enlightened people, and accordingly the

students, too, regard the Japanese as an unexpected ally in their fight

against the existing conditions, and so sympathy for them is not

concealed. And, besides, aversion to them as a nation does not exist."

"But it is the very brothers and fellow-countrymen of the students who

must pay for it with their own blood if the Japanese retain the upper

hand!"

"That is partially true. But, first of all, Poles, Jews, and Armenians

have been sent to the seat of war, so that the Russian families do not

as yet feel the war so keenly; and then the Russian is used to the idea

that there must be bloody sacrifices for the cause of freedom. At any

rate, those who were arrested are much nearer the other students than

the troops who have gone to the front."

"But they challenged their fate!"

"That is a part of the fight against the régime. They seek martyrdom,

since they have become convinced that nothing can be attained by bare

protests and petitions. Perhaps a trace of Asiatic fatalism, and a lower

valuation upon life than is given it in the West, plays a part in their

acts, but, more powerful than all else probably, their conviction that

public opinion appreciates their sacrifices and approves of their

conduct."

"Then ambition is also an influence?"

"If you care to call it so. There is a little ambition in every

martyrdom. But the strongest motive is that youthful self-sacrifice, and

the belief that something can be attained for the cause by their

offering themselves up--in short, fanaticism. In this way some of the

most incredible things occur; for example, a student in prison emptied

an oil lamp over his body and set fire to it only in order to protest

against absolutism."

"I have heard this horrible story."

"Those who are now under arrest," the professor continued, "will

probably most of them soon be let free, for I do not believe that the

authorities have at present any desire to raise much of a storm. But as

many of them as are Jews will in all probability be more severely

punished, if only for statistical reasons."

"I understand."

The Land of Riddles (Russia of To-day) · 第 12 / 18 段