CHAPTER X.

JUSTICE.

The judicial system of to-day in Russia dates from what is called the

Epoch of the Great Reforms—that is, of the reforms made in 1864 by the

Emperor Alexander II. His new judicial system is, next in order to the

abolition of serfdom, the most important of those reforms.

Up till 1864 justice in Russia dwelt behind closed doors. It was

organized on a class basis. There was a court for the gentry, a court

for the townsman and for such peasants as did not belong to landowners.

Judicial decisions, civil and criminal, were based solely on documentary

evidence prepared by the police. No oral evidence was admitted. The

proceedings were held _in camera_. The judges appeared in public only in

order to pass sentence or to deliver a judgment. It is needless to say

that a system of this kind encouraged venality, partiality, and

injustice.

In reforming the old system, the Imperial Government borrowed elements

from the judicial systems existing in France and in England, but it by

no means confined itself to slavish imitation. The aim of the reformers

was to reach the principles and ideas on which our system and the French

system are based; and they created a new system founded on ideas which

have been endorsed both in theory and in practice by modern

civilization. The chief principles at the basis of the reformed judicial

system in Russia are—(1) the separation of administrative and judicial

powers; (2) the independence of the magistrate and the tribunals; (3)

the equality of all subjects in the eye of the law (the abolition in the

eye of the law of all class distinctions); (4) the publicity of trials;

(5) the adoption of oral procedure; (6) the participation of the people

in the system through (_a_) the introduction of trial by jury, (_b_)

originally, although this was altered later, the election of judges. As

a general principle, it can be laid down that important cases in Russia

are tried, as they are tried elsewhere in Europe, by jury, in public and

at the assizes; with one notable exception, that of all political

offences and all crimes and misdemeanours committed by the Press, which

are tried without a jury.

Where the Russian system differs from the English and the French systems

is that the judicature is divided into two sections mutually

independent, and differing in the extent of their jurisdiction and in

the manner in which their judges are appointed.

As in many other countries, there are two branches of tribunals—firstly,

what were actually, and what now correspond to, justices of the peace,

dealing with petty cases; and, secondly, ordinary tribunals dealing with

larger matters. These two branches of justice are quite distinct. They

are parallel to each other. They are separate and isolated one from the

other, and meet only on the top of the ladder in their common right of

appealing to the Senate, which is the highest court of appeal.

Beneath this double system of judicature, local courts exist in every

canton: (_Volostnye Sudi_), _tribunaux de bailliage_, which were

established when the serfs were liberated, dealing exclusively with the

peasants’ affairs, and in which both the judges and judged are peasants.

The Canton Court consists of a tribunal of three judges elected by the

peasants. It deals with small cases, and deals with them largely

according to established custom and tradition. It stands to reason that

peasants will deal with matters which concern their own customs, codes,

and idiosyncrasies far better than people of any other class.[18]

The judicial system which comes next above the Canton Courts is dual:

Petty and Grave. The Petty cases are entrusted to local justices of the

peace, town judges, and _zemskie nachalniki_.

In 1864, when the judicial system was reformed, all such cases were

dealt with by justices of the peace, who were elected by the Zemstvo. In

1889, the elective justices of the peace were done away with, and they

were replaced by _zemskie nachalniki_, who, as I have already explained

in Chapter IV., are a kind of official squire, exercising executive and

judicial authority over the villages in their district. They are

nominated by the governor of the province and appointed by the Minister

of the Interior. Elective justices of the peace have survived only in

St. Petersburg, Moscow, Odessa, and Kharkov, and some other towns, where

they are elected by the town assemblies for a term of three years on a

property qualification.[19]

In all other towns, and everywhere else, where there are justices of the

peace, they are now appointed by the Minister of Justice.

This rather complicated system (under which the functions of a judge

were committed into the hands of persons (_zemskie nachalniki_) who were

in their main attributes representative of the executive) is now to be

abolished by a new law recently passed by the Duma, which divests the

_zemskie nachalniki_ of their judicial functions, and replaces the

elective justices of the peace all over the country. This new law comes

into force in regard to ten provinces on January 1, 1914, and will be

extended over the remaining part of the country in the course of the

next year. The jurisdiction of the new justices of the peace has been

increased by the new law. In civil matters they are now competent to try

cases involving fines amounting to 1,000 roubles, and criminal offences

carrying a sentence of simple imprisonment without any curtailment of

civil rights. The appeal from the justices of the peace is made to the

general meeting of the justices of the district; and from the decision

of this meeting (_siezd_) an appeal is allowed, on points of law only,

to the Senate. The Senate, as is shown below, may either dismiss the

appeal or order a new trial. There is, however, no appeal to the Senate

at all where the sentence carries with it a fine of less than 100

roubles. The limit is now 30 roubles.

In the hands, then, of the justices of the peace or of the _zemskie

nachalniki_, as the case may be, are civil claims not exceeding 500

roubles (£50), and criminal cases where the penalty does not exceed four

months’ imprisonment or a fine of 300 roubles (£30). Appeals against the

decision of a justice of the peace may be made to a bench of justices

presided over by a justice of the peace elected by his colleagues;

appeals against the verdicts of town judges and of the _zemskie

nachalniki_ are heard by the District Tribunal (_Uiezdny Siezd_), a

court—the sessions of the district—of which the marshal of the nobility

of the district is the _ex officio_ chairman, and which consists of

_zemskie nachalniki_ (with the exception of course of the particular

_zemsky nachalnik_ or town judge against whose verdict the appeal is

being made), town judges, and the so-called honorary justices of peace.

Appeals against the verdict of the local courts (_Volostnye Sudi_) are

also heard by this district tribunal.

An appeal against the verdict of the District Tribunal (_Uiezdny Siezd_)

is allowed on points of law only, and goes before a special Board called

the _Gubernskoye Prisustvie_, consisting of the governor of the

province, as chairman, members of the Divisional Court, and some higher

civil servants of the province.

Parallel with this branch of justice, which deals with petty cases, we

have quite separate from it another branch which deals with more serious

cases, and which consists of two tribunals: the Divisional Court (Court

of Assizes), and the High Court.

The Divisional Court deals with all civil cases (with the exception of

petty cases), and roughly speaking, with all criminal cases, with the

exception of those which concern the prosecution of officials for

misdemeanours committed in the performance of their official duties, and

also the great majority of political offences, which are dealt with by

the High Court. The criminal cases which come before the Divisional

Court can be judged by the bench only, or by the bench and a jury; but

if the offence is such that the punishment may limit the civil rights of

the accused, or deprive him of them altogether, the case must be tried

before a jury. Generally speaking, all criminal cases of any importance

are tried before a jury.

The Divisional Court goes on circuit from place to place; its

jurisdiction usually extends over five or six districts, and sometimes

over a whole government.

The Russian judicial system is the same as the French system as regards

the nature and composition of its tribunals, its tribunals of first

instance, its facilities for appeal, its court of high appeal

(_Cassation_), its instruments of justice, and its method of procedure.

The justice of the peace and the _zemsky nachalnik_ (who at present

fulfils the duties of a justice of the peace), and the town judge

(_Gorodskoi Sudya_),[20] are the only judges who sit alone. In all other

tribunals there is more than one judge. Every civil or criminal case in

Russia must be heard by three magistrates, one of whom is the president.

A judge is irremovable unless he should commit a criminal offence. He

can be transferred, but he cannot be removed. Attached to every

Divisional Court and every High Court there is a magistrate appointed by

the Government called the procurator (who is not irremovable, and holds

office at the pleasure of the Minister of Justice), who corresponds to

the French _procureur_; he is the advocate-general and public

prosecutor. His business is to prosecute crime. But before the case

reaches the procurator, it undergoes a preliminary investigation at the

hands of an examining magistrate (_Sudebny Slyedovatel_) who corresponds

to the French _Juge d’instruction_. He begins his investigation at the

instance either of the police, or of a private individual, or of a

plaintiff. Theoretically, the investigation was supposed to be entirely

separate from the prosecution; but, in practice, the examining

magistrate has become more or less a tool in the hands of the

procurator. The examining magistrate has the right either to refer the

result of his investigation to the procurator, or to let the case drop

altogether, should in his opinion the grounds for further proceedings be

insufficient.

The public prosecutor (_Procurator_), on receiving the _dossier_ of the

case from the examining magistrate (_Slyedovatel_), can either ask the

court to drop the proceedings in view of the failure of the prosecution

to make a case, or else he draws up a bill of indictment (_Obvinitelni

Akt_) on which the accused has to take his trial. In the case of more

serious offences, the bill of indictment, before it goes before the

court, has to be confirmed by the High Court (_Sudebnaya Palata_), which

acts as the French _Chambre de Mise en Accusation_. Civil cases do not

go before the _procurator_, and are tried, as in France, without a jury.

The procedure resembles that of a French court of justice. First of all,

the witnesses (in criminal cases) are called, and each witness tells his

story consecutively. He is then cross-examined by the procurator, and

then by counsel for the prosecution and counsel for the defence.

Cross-examination is by no means so formidable as in an English criminal

case, because the counsel for the defence can at any moment insert a

question amongst the questions put by the counsel for the prosecution.

When all the witnesses have been heard, the procurator speaks for the

prosecution. He is followed by the counsel for the plaintiff, and then

by the counsel for the defence. After this, the procurator replies to

the counsel for the defence, and they in their turn can reply on given

points. The President of the Court then sums up, and puts to the jury

the questions on which they are to give their verdict.

The jury have the right of putting questions to any witness, as well as

to the counsel for the prosecution and to the counsel for the defence.

The jury consist of twelve men, “good men and true.” They are chosen

from all classes of the population, from the whole of the inhabitants of

the district, subject to certain conditions of age, property, domicile,

and position. In the first place, there is a property qualification,

which varies according to different localities. All those who fulfil the

conditions of the law as regards the age and property qualification are

entered on a list (_obshchy spisok_) and become liable to serve on a

jury. From this larger list, a second narrower list (_ocheredny spisok_)

is drawn up of the men who seem the more qualified for the work.

The sifting process, of which this second list is the result, is carried

out in every district by a Board including several officials, the

marshal of the nobility for its Chairman. The process is repeated every

year, and after the sifting about sixty men remain on the second list,

out of which the jury are drawn by lot.

But a property qualification is not in all cases indispensable for a

juryman. Public servants, unless they are in the army, in the police, or

in the magistrature, and with the exception of officials of the first

four classes, who are exempted, can be chosen; likewise all local

elective officers, especially peasants, such as the judges of the Canton

Courts, the _elders_ in the commune and the cantons. The net result is

that the jury is mixed and democratic, and as a rule contains a leaven

of peasants and minor public servants, and sometimes, indeed, consists

almost wholly of men from the lower classes. Here, for instance, is a

list of the professions followed by the members of the jury before whom

the Beiliss ritual murder case was heard at Kiev. This jury was

exceptionally below the average of educational standard.[21]

1. Peasant, agricultural labourer.

2. Peasant, cab-driver.

3. Minor public servant employed in postal service.

4. Minor public servant employed in postal service.

5. Peasant, employed in a wine warehouse.

6. Peasant, agricultural labourer.

7. Townsman, employed at railway station.

8. Peasant, agricultural labourer.

9. Secretary at governor’s office, assistant of the revisor in the

auditor’s office.

10. Peasant, agricultural labourer.

11. Peasant, controller in a town tramway.

12. Burgher, small householder.

The above list, whether it is below average or not—and it was said at

the time to be startlingly below the average—shows more or less the

nature of a Russian jury in a small town. There is generally a larger

dose of a more educated element, but the elements which appear in this

list will probably be present in most juries in varying quantities. It

should be noted, however, that the composition of the lists from which

the jury is drawn is very much in the hands of the local authorities. In

a big town a jury exclusively composed of peasants is an exception, and

a very rare one.

Hence the peculiar character of the Russian jury, about which much has

been written and much is being written.

Its chief characteristic is its leniency, its indulgence, its tendency

to acquit. And on this account there existed, and there still exists in

some quarters in Russia, a movement against the jury as an institution,

which bases its disapproval on the reluctance of the jury to condemn.

But it is improbable that such a movement will ever have a practical

result. The disadvantages of tampering in any way with trial by jury are

too obvious. Many characteristic stories exist in Russian literature,

and a still greater number float about in the flotsam and jetsam of

current talk, illustrating by striking instances the peculiar psychology

of the Russian jury.

It is said that a jury once returned a verdict of “innocent, with

extenuating circumstances.” Garin, the author, tells how his house was

once set on fire by a peasant, and how without much difficulty he

collected overwhelming evidence against a particular peasant for

deliberate arson. The peasant was tried before a jury of peasants in the

Canton Court. His guilt was clearly proved. Nobody had any doubt but

that the verdict would be “guilty.” The peasants on the jury did not

deny the prisoner’s guilt, but were of the opinion that six years’ penal

servitude—the sentence the prisoner would have received for arson—was

disproportionately heavy.

“Two years in prison,” they reasoned—wrote the foreman, narrating the

case to Garin—“would be enough to instil wisdom in him; but to send him

to penal servitude is too much. In what are his wife and children

guilty? What will they do without a bread-winner?... Their final

argument was that it was a fine day, and the sun was shining

spring-like; how could they ruin a man on such a fine day? They were

sorry for the gentleman, but still more sorry for the orphans and the

wife. Nobody was ever ruined on account of a fire. It was God’s will,

and must be accepted as such.”

“It was only afterwards,” says Garin, the sufferer in the incident, and

the teller of the story, “that it became clear to me that what from our

point of view may seem the greatest injustice is from the point of view

of the people the expression of the highest justice in the world.”

Immediately after the incident, Garin was obliged to leave the village

where it occurred. He revisited the place two years later. “I was at

once met,” he writes, “by a deputation of peasants, whose spokesman made

me a kind of speech in which he said that the peasants were very glad to

see me; and that they were very glad for my sake that the prisoner had

been acquitted; that the Lord had not allowed me to be burdened with a

sin, in interfering with what was not my business but God’s—the hounding

of criminals. ‘The Lord saved thee from sin,’ they said to me; ‘all the

good which thou didst us has remained to thee, and has not been in vain.

The Lord punished them.’” And finally he tells how the peasants narrated

the bad end the criminals had come to, taking it as a matter of course

that such things belonged to the sphere of Providence, and not to that

of man.

The story is characteristic. I could quote many others of the same

kind—stories in some cases which are startling in their unexpectedness,

and in the difference of the point of view from that prevailing in other

classes and in other countries. But strange as this point of view may

seem, it will generally be found that there is in it a basis of common

sense and an element of sound fairness. The Russian peasant juryman is

indifferent to legal subtleties, and often quite unaffected by forensic

evidence, which he looks on as a thing made to order, bought and sold.

He will judge by his conscience, and according to his own code of

morals, which, if indulgent, is none the less definite.

A friend of mine was once serving on a jury in St. Petersburg. The

prisoner was found guilty of an odious crime, but the jury agreed to a

verdict of “guilty, with extenuating circumstances.” My friend asked one

man, who was a peasant, how there could be extenuating circumstances in

such a case, to which he answered, “I am not quite sure he did it.” If

the principle be a just one, that it is better that a guilty man should

go free than that an innocent man should be condemned, then the chief

accusation made against the characteristics of the Russian jury breaks

down. A Russian jury will be almost certain to give the prisoner the

benefit of the doubt. When the ritual murder case began at Kiev, it was

pointed out with dismay in several quarters that it was absurd to try

such a case before an uneducated jury—that a jury of that kind could not

possibly appreciate complicated questions of medical _expertise_, and

all the arcana of folklore and talmudic tradition and interpretations of

Hebrew texts, which played a large part in the trial. But when the trial

was over, those who interviewed the jurymen said that the jury had paid

no attention to all that; the visit to the site where the body was found

was the first thing which affected their opinion; the eloquence of the

able lawyers engaged on both sides did not influence them, as they said

lawyers were “hired”; but the conduct of one of the jury, who spent a

large part of his time in prayer, impressed them; and finally they gave

a verdict of “not guilty,” which was the result of the workings of their

conscience.

This is all the more remarkable in that they very probably took the

existence of ritual murders as a matter of course; but however this may

have been, they realized that they had to find Beiliss guilty or not

guilty, and they found him not guilty. A jury chosen from the most

cultivated classes of Russia could not have shown more sense, and—as

this case had raised political questions and racial passions just as the

Dreyfus case did—had such a jury been infected by partisanship or

political or religious fanaticism, it is quite possible that things

might not have gone so well for the accused. For whereas the jury thus

constituted might have been liberal, it might just as well have been

reactionary and anti-Semite. Of course the Russian jury has its

drawbacks—it may, if consisting of the lower classes, very likely look

upon certain forms of fraud as rather a good joke; it may be

over-indulgent to certain crimes; but if the principle I mentioned just

now is sound, that it is better for the guilty to escape than that the

innocent should suffer, then these drawbacks are amply compensated for.

There is another point to remember: by heightening the educational

average of a Russian jury, you would probably increase rather than

diminish its leniency; because this leniency is due to a great extent to

the inborn indulgence, tolerance, and humaneness of the Russian people.

Juries drawn exclusively from the _intelligentsia_ are said to be still

more indulgent than peasant juries. Opinions differ on this point. A

Russian friend of mine tells me he believes the peasant jury the more

tolerant, in spite of what he has heard, and in spite of his own

experience to the contrary; but it is probably a question of the nature

of the crime—the _intelligentsia_ being more severe for certain crimes

which the peasants would condone as quite natural (say, certain forms of

forgery and violence), and the peasants, on the other hand, dealing

severely with a crime towards which the _intelligentsia_ would be more

leniently disposed. But the main point is that a Russian jury, whatever

its composition, is fundamentally indulgent. It is far more indulgent

than a jury chosen from any other European country. I remember being in

St. Petersburg just after the Crippen case, and hearing it discussed

among educated people in reactionary circles. These people could not

understand how it was possible to hang a man on such slender evidence.

Even if the evidence had been abundant, the punishment seemed to them

too severe, but on slender evidence the sentence seemed to them

monstrous.

This leads us to the question of the punishments which the Russian law

can inflict.

The death penalty exists only for attempts on the life of the Emperor or

members of the imperial family, forcible attempts to dethrone the

Emperor, and certain cases of high treason.

The death penalty was abolished by the Empress Elisabeth in 1753. It is

true that when this was done it was rather the name than anything else

which was abolished, since as long as flogging continued with the

_knut_[22], a leather whip which was as deadly as the cat-of-nine-tails,

a sentence of over thirty blows (thirty-five blows was the maximum

allowed during the last years of flogging) was enough to prove fatal.

Flogging with the _knut_ was abolished by the Emperor Nicholas I. during

the first year of his reign (1825). During the reign of Alexander II.,

from 1855 to 1876, only one man was executed on the scaffold—Karakosov,

who made an attempt on the Emperor’s life. From 1866 to 1903 only 114

men suffered the penalty of death throughout the Russian empire. These

statistics were read out and discussed in the Council of Empire in July

1906 by M. Tagantsev, a celebrated Russian legist, who pointed out that,

in contradistinction to this leniency, during 1906, from January to

June, 108 people had been condemned to death under martial law, and

ninety had been executed, not counting those who had been killed without

trial.

When the Duma was dissolved in July 1906, and P. A. Stolypin took the

reins of government in his hands, martial law continued; drum-head

courts-martial were held all over the country, and the number of people

executed during 1907 and 1908 was very great.

But it must be remembered that during this period the country was in a

state of anarchy. Acts of terrorism were being committed almost daily by

the social-revolutionary party, and acts of hooliganism and robbery

under arms by the criminal classes, who imitated and adopted the methods

of the revolutionaries. A vicious circle of lawless crime and

indiscriminate retaliation seemed to have closed round Russian life, so

that during all this period the executions were to the crimes in a

proportion of about one to three. It should also be remembered that

during certain phases of this epoch many parts of the country were

virtually in a state of civil war.

In any case, whether Stolypin’s policy was defensible or not—and

theoretically it was indefensible—he was successful with the help of the

reaction that came about in public opinion in putting an end to the

anarchy, and after a time things began to quiet down; drum-head

courtmartial ceased, martial law gave way to “states of reinforced

protection,” and the country gradually gained its normal state, and

capital punishment has once more become rarer, although it cannot yet be

said to be non-existent, since, in virtue of states of reinforced

protection (_Ysilenaya Okhrana_), and by military courts, during 1912,

335 people were condemned to death, and 124 were executed.

In 1913, 148 were sentenced and 33 were executed (the large number of

persons reprieved being due during this year to an amnesty given on the

occasion of the tercentenary of the imperial family). The majority of

crimes for which sentences of death were passed are evasion from

prisons, riots in prison, or attacks on prison authorities.

The criminal penalties meted out by Russian law are:—

(_a_) Penal servitude for life, or for terms ranging from four years

to twenty years.

(_b_) Imprisonment from four to six years with consequent loss of

civil rights.

(_c_) Deportation to remote parts of the empire for settlement.

Formerly all convicts were deported, but now some of them serve their

terms in prisons in the local Russian provinces.

Besides these criminal penalties, there exist also what are called

corrective penalties, which include various degrees of punishment,

ranging from reprimands, fines, and imprisonment from three days to

three months, at the bottom of the scale, to sentences of one to four

years with loss of civil privileges at the top of the scale. Among these

corrective penalties is what is called fortress imprisonment for one

year four months to four years with loss of rights, and imprisonments

for four weeks to one year four months without loss of rights. This

punishment is usually applied to delinquencies of a political or of a

literary character.

Certain crimes are far less severely punished in Russia than they are in

England. A murderer, for instance, as a rule will receive a sentence of

twelve years’ penal servitude. In some cases, if there are extenuating

circumstances, if he acted under provocation, he will probably be

acquitted altogether. Again, there are cases of murder which have been

punished by not more than two years’ imprisonment.

Had Beiliss been found guilty he would not have been hanged—as was

stated in some of the London newspapers—but the maximum sentence he

could have received (for murder of a child accompanied by violence)

would have been penal servitude for life.

We have seen that there are in Russia two tribunals—the Divisional Court

and the High Court, and that the High Court deals chiefly with political

offences, or with the delinquencies of officials. Cases heard by the

High Court are tried either by the Bench, or by a special tribunal

consisting of judges and what are called “class representatives.” These

consist of the marshal of the nobility of the government, a mayor from

the town, and the elder of the canton (a peasant). Appeals against

verdicts of the Divisional Court in cases which were tried without a

jury can be made to the High Court, which can modify the sentence, and a

final appeal can be made to the Senate. In cases which are tried by a

jury no appeal can be made on points of fact; but an appeal can be made

on points of law to the Senate, which can either confirm the sentence,

or order the case to be retried either before the same tribunal, or

before a tribunal exercising a similar jurisdiction. The verdict in

cases tried by jury cannot therefore be modified, but it can be

cancelled and quashed.

The Senate in these cases corresponds to the French _Cour de Cassation_.

The Russian Bar came into existence as a profession in 1864. Any one of

a certain education and standing is admitted to plead in a criminal case

in Russia, unless the case be political. As regards civil cases, the

privilege is limited to the right of appearing before a petty tribunal

three times a year. This is an exception to the rule that in a civil

case only sworn advocates or “private attorneys”[23] are entitled to

plead. Professional lawyers receive their training at the university,

and when, by passing the necessary examination, they are in possession

of a certificate or degree, they are obliged to pass through a

preliminary stage of five years’ “deviling”; then after a formal

examination in legal procedure, they become full-blown “sworn lawyers”

(_prisiazhnye povierenye_).

The Russian Bar has more than justified its existence. Since it came

into being in 1864 it has produced a number of most remarkable men,

remarkable as lawyers as well as orators. Lately, since the creation of

the Duma, its influence has made itself felt in politics, since many of

the members of the Duma who have played a leading part in politics have

been lawyers. The lawyers naturally had the habit of speech, and were

often trained orators, so that as soon as an opportunity arose for their

peculiar gifts to have free play, they were bound to come to the front

on both sides of the House. Among the members of the Duma who have

attained to prominence are such men as Plevako, Maklakov, and that of

the late M. Muromtsev, the president of the first Duma, who was one of

the most celebrated lawyers of the University of Moscow, and one of the

brightest ornaments of the Russian Civil Bar.

Generally speaking, of all the reforms carried out by Alexander II.,

that of the judicial system—leaving out of account the emancipation of

the serfs, which was the _sine qua non_ of all reform, and without which

all other reforms were useless—was the most greatly acclaimed. In the

first place, because the old system of justice had been so bad; and in

the second place, because the new system proved to be a real success.

During the period of reaction which set in in the reign of Alexander

III., and during the first years of the reign of the present Emperor,

under the reactionary administration of Plehve, the Bar still retained

its independence; and during this time, it was at the Bar, and at the

Bar only, that independence of thought and speech could be said to

exist.

It must be said that the revolutionary movement had a bad effect on it:

firstly, because many of its Liberal members were suspended; and

secondly because the Government, after the revolutionary movement, did

everything it could to diminish the moral independence of the judges,

and to make them as reactionary as possible, and in some respects this

was successful. The result of this policy is being felt now in political

or semi-political cases. But this is probably only a transitional and

temporary state of reaction, following on the disturbance of the

revolutionary movement, and it will remedy itself automatically in the

course of time, if the quiet state of things that now exists continues;

but if this proves not to be the case, if the sparks of discontent

suddenly burst into flame, then circumstances of a different kind will

restore to the Bar its ancient independence. Yet as things are now, and

taking all drawbacks, all temporary embarrassments and hindrances, and

all reactionary influences into account; with every disadvantage under

which it may be labouring, the Russian Bar must still be acknowledged an

admirable institution of which any country should feel justly proud.

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