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CHAPTER LIX.
PROVINCIAL RULERS

Russia is divided into provinces, each of which is ruled by a governor and a vice-governor named by the crown.

A dozen years ago the governor and his lieutenant was each a petty Tsar – doing what he pleased in his department, and answering only now and then, like a Turkish pasha, by forfeiture of office, for the public good. Charged with the maintenance of public order, he was armed with a power as terrible as that of the imperial police – the right to suspect his neighbor of discontent, and act on this bare suspicion as though the fault were proved in a court of law. In England and the United States the word suspicion has lost its use, and well-nigh lost its sense. Our officers of police are not permitted to "suspect" a thief. They must either take him in the fact or leave him alone. From Calais to Perm, however, the word "suspicion" is still a name of fear; for in all the countries lying between the English Channel and the Ural Mountains, "ordre superieure" is a force to which rights of man and courts of law must equally give way.

The governor, or vice-governor, of a Russian province, representing his sovereign lord, might find, or fancy that he found, some reason to suspect a man of disaffection to the crown. He might be wrong, he might even be absurdly wrong. The man might be loyal as himself; might even be in a position to prove that loyalty in open court; and yet his innocence would avail him nothing. Proofs are idle when the courts are not open to appeal; and judges have no power to hear the facts. "Done by superior orders," was the answer to all cries and protests. A resistless power was about his feet, and he was swept away by a force from which there was no appeal – not even to the ruling prince; and the victim of an erring, perhaps a malicious, governor, had no resource against the wrong, except in resignation to what might seem to be the will of God.

The men who could use and abuse this terrible power were many. Russia is divided into forty-nine provinces, besides the kingdom of Poland, the Grand Duchy of Finland, the Empire of Siberia, the khanates and principalities of the Caucasus. In these forty-nine provinces the governors and vice-governors had the power to exile any body on mere suspicion of political discontent. In other regions of the empire this power was even more diffused than it was in the purely Russian districts. Taking all the Russians in one mass, there can hardly have been less than two hundred men (excluding the police) who could seize a citizen in the name of public order, and condemn him, unheard, to live in any part of the empire from the Persian frontiers to the Polar Sea.

The Princess V – , a native of Podolia, young, accomplished, wealthy, was loved by all her friends, adored by all the young men of her province. One happy youth possessed her heart, and this young man was worthy of the fortune he had won. Their days of courtship passed, and they were looking forward to the day when they would wear together their sacred crowns; but then an unseen agent crossed their path and broke their hearts. Some days before their betrothal should have taken place, an officer of police appeared at the lover's door with a peremptory order for him to quit Poltava for the distant government of Perm. Taken from his house at a moment's notice, he was hurried to the general office of police, where his papers were made out, and, being put into a common cart, he was whisked away in the company of two gendarmes. A month was occupied in his journey; two or three months elapsed before his friends in Podolia knew that he was safe. He found a friend in the mountain town, by whom his life as an exile was made a little less rugged than it might have been. An advocate was won for him at court; the senate was moved, though cautiously, in his behalf; and at the end of two years his tormentor was persuaded to relax his grip. But though he was suffered to leave his place of banishment, he was forbidden to return to his native town.

The princess kept her faith to him – staying in Podolia while he was still at Perm; living down the suspicions in which they were both involved – and joined him at St. Petersburg so soon as he got leave to enter that city. There they were married, and there I met them in society. Not a cloud is on their fame. They are free to go and come, except that they must not live in their native town. No power save that which sent the bridegroom into exile can recall them to their home. Yet down to this hour the gentleman has never been able to ascertain the nature of his offense.

In time the country will free herself from this Asiatic abuse of power. With bold but cautious hand the Emperor has felt his way. His governors of provinces have been told to act with prudence; not to think of sending men into exile unless the case is flagrant, and only then after reference of all the facts to St. Petersburg.

Some dozen years ago, before the new reforms had taken hold, and officers in the public service had come to count on the appeal being heard, a case occurred which allows one to give, in the form of an anecdote, a picture of the evils now being slowly rooted out. Count A – , a young vice-governor, fresh from college, came to live in a certain town of the Black Soil country. Fond of dogs and horses, fond of wines and dinners, the young gentleman found his official income far below his wants. He took "his own" (what Russian officials used to call vzietka) from every side; for he loved to keep his house open, his stable full, his card-room merry; and a nice house, a good stable, and a merry card-room, cost a good many rubles in the year. He was lucky with his cards – luckier, some losers said, than a perfectly honest player should be; yet the two ends of his income and his outgo never could be made to meet.

The treasurer of the town was Andrew Ivanovitch Gorr, a man of peasant birth, who had been sent to college, and, after taking a good degree, had been put into the civil service, where, by his soft ways, his patient deference to those above him, and his perfect loyalty to his trust, he had risen to the post of treasurer in this provincial town.

Count A – called Andrew into his chamber, and bade him, with a careless gesture, pay a small debt for him. Andrew bowed, and waited for the rubles. A – just waived him off; but seeing that he would not take the hint, the count said, "Yes, yes, pay the debt; we will arrange it in the afternoon." Then Andrew paid the money, and in less than a week he was asked to pay again. From week to week he went on paying, with due submission to his chief, but with an inward doubt as to whether this paying would come out well. Twice or thrice the count was good enough to speak of his affairs, and even to name a day when the money which he was taking from the public coffers should be replaced. In the mean time the debt was every week increasing in amount; so that the provincial chest was all but drained to pay the vice-governor's personal debts.

Andrew was in despair, for the day was fast coming round when the Imperial auditors would come to revise his books and count the money in his box. Unless the fund was restored before they came he would be lost; for the balance was in his charge, and the count could hardly cover his default. On Andrew telling his wife what he had been drawn, by his habit of obeying orders, into doing, he was urged by that sage adviser to go at once to the governor and beg him to replace the cash before the auditors arrived.

"The auditors will come next week?" asked A – . "All will be well. I will send a messenger to my estates. In five days he will come back, and the money shall be paid. Prepare a draft of the account, and bring it to my house, with the proper receipt and seal."

On the fifth day the auditors arrived, a little before their time; and being eager to push on, they named the next morning, at ten o'clock, for going into the accounts. The treasurer ran to the palace, and saw the count in his public room, surrounded by his secretaries. "It is well," he said to Andrew, with his pleasant smile; "the messenger has come back with the money; bring the paper and the receipt to my smoking-room at ten o'clock to-night, and we'll put the account to rights."

Andrew was at his door by ten o'clock with the statement of his debts, and a receipt for the money. "Yes," said the count, dropping his eye down the line of figures, "the account is just – fifteen thousand seven hundred rubles. Let me look at the receipt. Yes, that is well drawn. You deserve to be promoted, Andrew! Talents like yours are lost in a provincial town. You ought to be a minister of state! Oblige me by asking my man to come in."

A servant entered.

"Go up to the madame, and ask her if she can come down stairs for a moment," said the count. The servant slipped away, and the count, while waiting for his return, made many jokes and pleasantries, so that the time ran swiftly past. He kept the papers in his hand.

When Andrew saw that it was near eleven o'clock, he ventured to ask if the man was not long in coming. "Long," exclaimed the vice-governor, starting up, "an age. Where can the fellow be? He must have fallen asleep on the stairs."

Going out of the room in search of him, the count closed the door behind him, saying, "Wait a few minutes; I will go myself." Andrew sat still as a stone. He noticed that the count had taken with him the schedule of debts and the signed receipt. He felt uneasy in his mind. He stared about the room, and counted the beatings of the clock. His head grew hot; his heart was beating with a throb that could be heard. No other sound broke the night; and when he opened the door and put his ear to the passage, the silence seemed to him like that of a crypt.

The clock struck twelve.

Leaping up from his stupor, he banged the door and shouted up the stairs, but no one answered him; and snatching a fearful daring from his misery, he ran along several corridors until he tripped and fell over a man in a great fur cloak. "Get up, and show me to the vice-governor's room," said Andrew fiercely, on which the domestic shook his cloak and rubbed his eyes. "The vice-governor's room?" "Yes, fellow; come, be quick." The man led him back to the room he had left; which was, in fact, the private reception-room. "Stay here, and I will seek him." Shortly the man returned with news that his master was in bed. "In bed!" cried Andrew, more and more excited; "go to him again, and ask him if he has forgotten me. Tell him I am waiting his return." A minute later he came back to say the count was fast asleep, and that his valet dared not wake him for the world. "Asleep!" groaned the poor treasurer; "you must awake him. I can not leave without seeing him. It is the Emperor's service, and will not wait."

At the Emperor's name the servant said he would try again. An hour of misery went by before he came to say the count was in bed, and would not see him. If he had business to transact, he must come another day, and at the reception hour.

In a moment Andrew was at the count's door and in his room, to which the noise brought up a dozen people. "What is this tumult all about?" frowned the count, rising sharply in his bed. "Tumult!" said Andrew, waxing hot with terror; "I want the rubles." "Rubles!" said the count, with feigned astonishment; "what rubles do you mean?" "The rubles we have taken from the provincial coffer." "That we have taken from the coffer! We? What we? What rubles? Go to bed, man, and forget your dreams."

"Then give me back my paper and receipt."

"Paper and receipt!" said the count, with affected pity; "look to him well. See him safe home; and tell his wife to look that he does not wander in his sleep. He might fall into the river in such fits. Look to him;" and the vice-governor fell back upon his pillow as the servant bowed.

Put to the door, and left to seek his way, the treasurer felt that he was lost. The count, he saw, would swear and forswear. Even if he confessed his fault to the auditors, telling them how he had been persuaded against his duty, the count could produce his receipt in proof that the funds had been repaid.

Going back to his office, he sat down on a stool, and after looking at his books and papers once again, to see that the whole night's work was not a dream, as the count had said, he took up his pen and wrote a history of his affairs.

Restless in her bed, his wife got up to seek him; and knowing that he was busy with his accounts, and would be likely to stay late with his chief, she went into his office, where the light was burning dimly on the desk – to find him hanging from a beam. Piercing the air with her cries, she brought in a crowd of people, some of whom cut down the body, while others ran for the doctor. He was dead.

Like an Oriental, he killed himself in order that, in his death, he might punish the man whom he could not touch in life.

The paper which he left on his desk was open, and as many persons saw it in part, and still more knew of its existence, the matter could not be hushed up, even though the vice-governor had been twenty times a count. The people cried for justice on the culprit; and by orders from St. Petersburg the count was relieved of his office, arrested on the charge of abusing a public trust, and placed on his defense before a secret commission in the town over which he had lately reigned.

The Emperor, it is said, was anxious to send him to the mines, from which so many nobler men had recently come away; but the interest of his family was great at court; the secret commission was a friendly one; and he escaped with the sentence of perpetual dismissal from the public service – not a light sentence to a man who is at once a beggar and a count.

Alexander, feeling for the widow of his dead servant, ordered the pension which would have been due to her husband to be paid to her for life.

CHAPTER LX.
OPEN COURTS

Offenses like those of A – (some twelve years old), in which a great offense was proved, yet justice was defeated more than half, in spite of the imperial wishes, led the council of state into considering how far it would be well to replace the secret commissions by regular courts of law.

The public benefits of such a change were obvious. Justice would be done, with little or no respect to persons; and the Emperor would be relieved from his direct and personal action in the punishment of crime. But what the public gained the circles round the prince were not unlikely to lose; and these court circles raised a cry against this project of reform. "The obstacles," they said, "were vast. Except in Moscow and St. Petersburg, no lawyers could be found; the code was cumbrous and imperfect; and the public was unprepared for such a change. If it was difficult to find judges, it was impossible to find jurors." Listening to every one, and weighing facts, the Emperor held his own. He got reports drawn up; he won his opponents over one by one; and in 1865 the council of state was ready with a volume of legal reform, as vast and noble as his plan for emancipating serfs.

Courts of justice were to be open in every province, and all these courts of justice were to be public courts. Trained judges were to preside. The system of written evidence was abolished. A prisoner was to be charged in a formal act; he was to see the witnesses face to face; he was to have the right, in person or by his counsel, of questioning those witnesses on points of fact. A jury was to decide the question of guilt or innocence. The judges were to be paid by the crown, and were on no pretext whatever to receive a fee. A juror was to be a man of means – a trader, a well-off peasant, an officer of not less than five hundred rubles a year. A majority of jurors was to decide.

The Imperial code was brought into harmony with these new methods of procedure. Capital punishment was abolished for civil crimes; Siberia was exchanged for the club and the axe; Archangel and the Caucasus were substituted for the mines. The Tartar punishments of beating, flogging, running the ranks, were stopped at once, and every branch of criminal treatment was brought up – in theory, at least – to the level of England and the United States.

Term by term this new system of trial by judge and jury, instead of by secret commissions, is now being introduced into all the larger towns. I have watched the working of this new system in several provinces; but give an account, by preference, of a trial in a new court, in a new district, under circumstances which put the virtues of a jury to some local strain.

Dining one evening with a friend in Rostof, on the Lower Don, I find myself seated next to President Gravy, to whom I am introduced by our common host as an English barrister and justice of the peace. The Assize is sitting, and as a curious case of child-exposure is coming on next day, about the facts of which provincial feeling is much excited, President Gravy offers me a seat in his court.

This court is a new court, opened in the present year; a movable court, consisting of a president and two assistant judges; sitting in turn at Taganrog, Berdiansk, and Rostof, towns between which there is a good deal of rivalry in business, often degenerating into local strife. The female accused of exposing her infant comes from a Tartar village near Taganrog; and as no good thing was ever known to come from the district of Taganrog, the voice of Rostof has condemned this female, still untried, to a felon's doom.

Next morning we are in court by ten o'clock – a span-new chamber, on which the paint is not yet dry, with a portrait of the Imperial law-reformer hung above the judgment-seat. A long hall is parted into three portions by a dais and two silken cords. The judges, with the clerk and public prosecutor, sit on the dais, at a table; and the citizens of Rostof occupy the benches on either wing. In front of the dais sit the jurors, the short-hand writer (a young lady), the advocates, and witnesses; and near these latter stands the accused woman, attended by a civil officer of the court. Nothing in the room suggests the idea of feudal state and barbaric power. President Gravy wears no wig, no robe – nothing but a golden chain and the pattern civilian's coat. No halberts follow him, no mace and crown are borne before him. He enters by the common door. A priest in his robes of office stands beside a book and cross; he is the only man in costume, as the advocates wear neither wig nor gown. No soldier is seen; and no policeman except the officer in charge of the accused. There is no dock; the prisoner stands or sits as she is placed, her back against the wall. If violence is feared, the judges order in a couple of soldiers, who stand on either side the prisoner holding their naked swords; but this precaution is seldom used. An open gallery is filled with persons who come and go all day, without disturbing the court below.

President Gravy, the senior judge, is a man of forty-five. The son of a captain of gendarmerie in Odessa, he took by choice to the profession of advocate, and after three years' practice in the courts of St. Petersburg, he was sent to the new Azof circuit. His assistant judges are younger men.

President Gravy opens his court; the priest asks a blessing; the jurors are selected from a panel; the prisoner is told to stand forth; and the indictment is read by the clerk. A keen desire to see the culprit and to hear the details of her crime has filled the benches with a better class than commonly attends the court, and many of the Rostof ladies flutter in the gayest of morning robes. The case is one to excite the female heart.

Anna Kovalenka, eighteen years of age, and living, when at home, in a village on the Sea of Azof, is tall, elastic, dark, with ruddy complexion, and braided hair bound up in a crimson scarf. Some Tartar blood is in her veins, and the young woman is the ideal portrait of a Bokhara bandit's wife. A motherly old creature stands by her side – an aunt, her mother being long since dead. Her father is a peasant, badly off, with five girls; this Anna eldest of the five.

Her case is, that she had a lover, that she bore a child, that she concealed the birth, and that her infant died. In her defense, it is alleged, according to the manners of her country, that her lover was a man of her own village, not a stranger; one of those governing points which, on the Sea of Azof, make a young woman's amours right or wrong. So far, it is assumed, no fault is fairly to be charged. Her child was born and died; the facts are not disputed; but the defendants urge, in explanation, that she was very young in years; that her couching was very hard; that milk-fever set in, with loss of blood and wandering of the brain; that the young mother was helpless, that the infant was neglected unconsciously, and that it died.

Very few persons in the court appear inclined to take this view; but those who take it feel that the lover of this girl is far more guilty than the girl herself; and they ask each other why the seducer is not standing at her side to answer for his life. His name is known; he is even supposed to be in court. Gospodin Lebedeff, the public prosecutor, has done his best to include him in the criminal charge; but he is foiled by the woman's love and wit. By the Imperial code, the fellow can not be touched unless she names him as the father of her child; and all Lebedeff's appeals and menaces are thrown away upon her, this heroine of a Tartar village baffling the veteran lawyer's arts with a steadiness worthy of a better cause and a nobler man.

The first witness called is a peasant woman from the village in which Anna Kovalenka lives. She is not sworn in the English way, the court having been put, as it were, under sacred obligations by the priest; but the bench instructs her as to the nature of evidence, and enjoins her to speak no word that is not true. She says, in few and simple words, she found the dead body; she carried it into Anna's cabin; the young woman admitted that the child was hers; and, on further questions, that she had concealed the birth. She gives her evidence quietly in a breathless court, her neighbor standing near her all the while, and the judge assisting her by questions now and then. The audience sighs when she stands down; her evidence being full enough to send the prisoner to Siberia for her natural life.

The second witness is a doctor – bland, and fat, and scientific – the witness on whose evidence the defense will lie. A quickened curiosity is felt as the fat and fatherly man, with big blue spectacles and kindly aspect, rises, bows to the bench, and enters into a long and delicate report on the maladies under which females suffer in and after the throes of labor, when the regular functions of mind and body have been deranged by a sudden call upon the powers reserved by nature for the sustenance of infant life. A buzz of talk on the ladies' bench is speedily put down by a tinkle of President Gravy's bell. The judges put minute and searching questions to this witness; but they make no notes of what he says in answer; the general purpose of which is to show that the first medical evidence picked up by the police was defective; that a woman in the situation of Anna, poor, neglected, inexperienced, might conceal her child without intending to do it harm, and might cause it to die of cold without being morally guilty of its death. Two or three questions are put to him by Lebedeff, and then the kindly, fat old gentleman wipes his spectacles and drops behind.

Lebedeff deals in a lenient spirit with the case. The facts, he says (in effect), are strong, and tell their own tale. This woman bears a child; she conceals the birth; this concealment is a crime. She puts her child away in a secret place; her child is found dead – dead of hunger and neglect. Who can doubt that she exposed and killed this child in order to rid herself at once of her burden and her shame? "The crime of child-murder is so common in our villages," he concludes, "that it cries to heaven against us. Let all good men combine to put it down, by a rigorous execution of the law."

Gospodin Tseborenko, a young advocate from Taganrog, sent over specially to conduct the defense, replies by a brief examination of the facts; contending that his client is a girl of good character, who has never had a lover beyond her village, and is not likely to have committed a crime against nature. He suggests that her child may have been dead at the birth – that in her pain and loneliness, not knowing what she was about, and never dreaming about the Code, she concealed the dead body from her father's eyes. Admitting that infant murder is the besetting sin of villagers in the south of Russia, he contends that the children put away are only such as the villagers consider things of shame – that is to say, the offspring of their women by strangers and men of rank.

President Gravy rings his bell – the court is all alert – and, after a brief presentment of the leading points to the jury, who on their side listen with grave attention to every word, he puts three several queries into writing:

I. Whether in their opinion Anna Kovalenka exposed her child with a view to kill it?

II. Whether, if she did not in their opinion expose it with a view to kill it, she willfully concealed the birth?

III. Whether, if she either knowingly exposed and killed her child, or willfully concealed the birth, there were any circumstances in the case which call for mitigation of the penalties provided by the penal code?

The sheet of paper on which he writes these queries is signed by the three judges, and handed over to the foreman, who takes it and retires with his brethren of the jury to find as they shall see fit.

While the trial has been proceeding, Anna Kovalenka has been looking on with patient unconcern, neither bold nor timid, but with a look of resignation singular to watch. Only once she kindled into spirit; that was when the peasant woman was describing how she found the body of her child. She smiled a little when her advocate was speaking – only a faint and vanishing smile. Lebedeff seemed to strike her as something sacred; and she listened to his not unkindly speech as she might have listened to a sermon by her village priest.

In twenty minutes the jury comes into court with their finding written by the foreman on the sheet of paper given to him by the judge. President Gravy rings his bell, and bids the foreman read his answer to the first query.

"No!" says the foreman, in a grave, loud voice. The audience starts, for this is the capital charge.

To the second query, "No!"

"That is enough," says the judge; and, turning to the woman, he tells her in a tender voice that she has been tried by her country and acquitted, that she is now a free woman, and may go and sit down among her friends and neighbors.

Now for the first time she melts a little; shrinks behind the policeman; snatches up the corner of her gown; and steadying herself in a moment, wipes her eyes, kisses her aunt, and creeps away by a private door.

Every body in this court has done his duty well, the jurors best of all; for these twelve men, who never saw an open court in their lives until the current year, have found a verdict of acquittal in accordance with the facts, but in the teeth of local prejudice, bent on sending the woman from Taganrog to the mines for life.

What schools for liberty and tolerance have been opened in these courts of law!