Part 14

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."

"Oh yes. You know that the police have their special code for the Jews, so as to prove that the discontent is entirely due to them. Plehve asserts that he has forty thousand political indictments, eighty per cent. of the indicted being Jews. That is made up to suit themselves, and has nothing to do with turbulence. On the other hand, I dare say, that quite often just for this statistical reason, and because the Jews are punished quite differently from the sons of distinguished families, the Jews are urged by their congeners not to expose themselves; but they, too, are of course infected by the general fanaticism of self-sacrifice."

"But from what do the special student disturbances about which we hear so much proceed? Are they not caused by troubles in the universities?"

"Only in the very rarest cases. It is occurrences of general politics which find a particularly lively echo among the students; the reforms which are demanded for the university by us, the professors, are even repudiated by the students, because they do not wish to let the causes of their discontent be removed."

"What is the nature of the reforms in question?"

"General Wannowski, former minister of education, was perhaps a man of limited capacity, who considered the university a barracks, the professors colonels and other officers, the students privates, and explained that the only thing lacking was non-commissioned officers to keep their respective squads in order. Still he showed us the consideration of asking us eighteen questions which were to be answered by the faculties. Look here"--the professor pointed to a heavy bundle of printed matter--"here you have the results of our inquest."

"And what is the substance of your wishes, to put it into a very few words?"

"One word is sufficient, 'Autonomy.' We want independence in teaching, 'Lehrfreiheit' as it is in Germany, independent regulation of our own affairs, and liberation from the direction of another department which has neither interest in us nor understanding of us. This demand was unanimously expressed by all the universities; in Moscow only two professors in the whole faculty declared themselves for the prevalent system."

"Was anything accomplished by this inquest?"

"To a slight extent. We obtained a university court, constituted of professors, and the permission to form scientific societies among the students."

"That is not so bad. And you say that the students are not in sympathy with that?"

"No, they are afraid that discontent may be lessened by these concessions, and they wish to be discontented until they have accomplished everything."

"What do you mean by 'everything'?"

"A constitution and freedom of the press. They do not even use the right to form scientific societies. _At present there is no studying done at our universities_; politics have swallowed up everything, and the radical element has seized the leadership completely. They hope in a few months, by means of demonstrations, and Heaven knows what fateful resources, to attain a constitution, and after that there will always be time enough for study. At present, study, too, would be treason against the cause of freedom. The universities are only political camps awaiting the call to arms and nothing more."

"But in this respect, at least, they must be glad of their independent university courts--that is, that at any rate they punish their youthful misdeeds more leniently than the police."

"No. In the first place, it is only disciplinary matters over which our court has jurisdiction; and then, in the second place, you forget that the students do not at all want to be mildly treated, but to be sacrificed."

"Of course. It is hard to reckon with motives that one scarcely understands. But one thing is still unintelligible to me. It cannot exactly be said that Russia is a radical country in the sense that the whole upper stratum is radical. How is it that the student body, which comes principally from this upper stratum, is so laden with revolutionary tendencies?"

"I might answer you in a French phrase, although it is not particularly flattering to us, 'Le Russe est liberal jusqu'à trente ans, et après--canaille.'[8] The Russian is absolutely _not_ conservative, not even the official. He can mock conservatism while seeking office, but in his own house he remains a free-thinker, and youth, which has not yet learned to cringe and hedge, blushes at the two-facedness of its parentage, and continually reveals the true attitude of the house. Then, with the exception of the high nobility, our whole landowner class is more than liberal. Moreover, from two to three hundred conservative students are to be found at each of the great universities, and they have formed a secret association for the protection of the _sacred régime_--and it is characteristic that the _Novoye Vremya_ was allowed to print the call to form this secret society, although here in Russia all secret societies are illegal."

"And are not these conservative students dangerous to their fellows?"

"Up to the present they have confined themselves to patriotic demonstrations. They might become dangerous if they once decided to go to lectures--not even then to their fellow-students, but to the professors, who have greater doctrinal freedom, and who also make use of the right to express their opinions, of course within the limits of their special subjects. [Shortly after this interview a professor in Kharkov who had expressed sympathy for the Japanese was actually informed against by the conservative students and disciplined by the authorities, a thing which led to great student demonstrations.] Moreover, there are special spies which keep watch over the professors and students, but luckily they are too illiterate to understand the import of what is said, and therefore can do little damage."

"Are the professors sufficiently in sympathy with each other for the formation of a university esprit de corps?"

"Most certainly. The common suffering, the fact that they are forbidden to take open part in politics draw them together. Where in other places rivalries and differences of opinion occasion dissensions, here there is to be found only one solid whole--oppression is the firm cement. And only in this way is it possible to make some resistance to the absolutism of the police. In _open_ resistance we are quite weak, yes, even defenceless, against the brutality of the régime, but in _passive_ resistance we are almost unconquerable because of our close contact with each other."

"Ah! And so here there is brought to my attention one of those subterranean sources of public opinion in Russia, which I have so long sought."

"Of course. The universities form at least one of the main channels."

"And you consider the next generation to be thoroughly impregnated with ideas of independence?"

"Thoroughly."

To the question with which I always parted from my authorities--that is, what he believed the immediate future contained for Russia--this professor, whose department I am not at liberty to indicate, but of whom I can say that he is particularly well informed, gave the following answer:

"We are exhausted. The transition to the financing of railroads, tariff legislation, the tightening of screws of taxation bring in money for a while, but no real power. We are on the brink of a crisis. I believe that the war will greatly accelerate and force us to discount our coupons.[9] Then, in my opinion, it cannot be long before a sort of national assembly is called. This is my belief and my hope. Conditions of excitement like the present ones at our universities cannot be long endured under any circumstances. In one way or another a change must take place, and we must hold fast to the hope of better things."

FOOTNOTES:

[8] The Russian is liberal until his thirtieth year--and then he joins the rabble.

[9] Den Coupon zu kürzen.

XXIV

BEFORE THE CATASTROPHE[10]

"If you wish to have a striking evidence of the worth of our government, you need notice only one thing," said an entirely unprejudiced Russian to me one day. "We have as many questions as we have classes of population. We have a Finnish question, a Polish, a Jewish, a Ruthenian, and a Caucasian question. We have, besides, a peasant question, a labor question, and a sectarian question, and, moreover, a student question also. Wherever you cut into the conglomerate of the Russian population, lengthwise or crosswise, everywhere you strike conflicts, combustibles, and tension. Not a single one of the problems which may exist in organized states in general is solved, but every one has been made burning and dangerous through unskilful, brutal, and even malicious handling."