第256章 CHAPTER XXXIII(11)

This may, perhaps, seem strange, for fraudulent practices are sure in the long run to undermine trade. The Russian merchants, however, have not yet arrived at this conception, and can point to many of the richest members of their class as a proof that fraudulent practices often create enormous fortunes. Long ago Samuel Butler justly remarked that we damn the sins we have no mind to.

As the external conditions have little or no influence on the religious conceptions of the merchants and the peasantry, the two classes are equally severe with regard to those acts which are regarded as crimes against the Deity. Hence acquittals in cases of sacrilege, blasphemy, and the like never occur unless the jury is in part composed of educated men.

In their decisions, as in their ordinary modes of thought, the jurors drawn from the educated classes are little, if at all, affected by theological conceptions, but they are sometimes influenced in a not less unfortunate way by conceptions of a different order. It may happen, for instance, that a juror who had passed through one of the higher educational establishments has his own peculiar theory about the value of evidence, or he is profoundly impressed with the idea that it is better that a thousand guilty men should escape than that one innocent man should be punished, or he is imbued with sentimental pseudo-philanthropy, or he is convinced that punishments are useless because they neither cure the delinquent nor deter others from crime; in a word, he may have in some way or other lost his mental balance in that moral chaos through which Russia is at present passing. In England, France, or Germany such an individual would have little influence on his fellow-jurymen, for in these countries there are very few people who allow new paradoxical ideas to overturn their traditional notions and obscure their common-sense; but in Russia, where even the elementary moral conceptions are singularly unstable and pliable, a man of this type may succeed in leading a jury.

More than once I have heard men boast of having induced their fellow-jurymen to acquit every prisoner brought before them, not because they believed the prisoners to be innocent or the evidence to be insufficient, but because all punishments are useless and barbarous.

One word in conclusion regarding the independence and political significance of the new courts. When the question of judicial reform was first publicly raised many people hoped that the new courts would receive complete autonomy and real independence, and would thus form a foundation for political liberty. These hopes, like so many illusions of that strange time, have not been realised. A large measure of autonomy and independence was indeed granted in theory. The law laid down the principle that no judge could be removed unless convicted of a definite crime, and that the courts should present candidates for all the vacant places on the Bench; but these and similar rights have little practical significance. If the Minister cannot depose a judge, he can deprive him of all possibility of receiving promotion, and he can easily force him in an indirect way to send in his resignation; and if the courts have still the right to present candidates for vacant places, the Minister has also this right, and can, of course, always secure the nomination of his own candidate. By the influence of that centripetal force which exists in all centralised bureaucracies, the Procureurs have become more important personages than the Presidents of the courts.

From the political point of view the question of the independence of the Courts has not yet acquired much practical importance, because the Government can always have political offenders tried by a special tribunal or can send them to Siberia for an indefinite term of years without regular trial by the "administrative procedure" to which I have above referred.