An elder chosen by this village parliament is clothed with strange,
unclassified powers; for he is mayor and sheikh in one; a personage
known to the law, as well as a patriarch clothed with domestic rights.
Some of his functions lie beyond the law, and clash with articles in
the imperial code.
To wit: an elder sitting in his village court, retains the power to
beat and flog. No one else in Russia, from the lord on his lawn and
the general on parade, down to the merchant in his shop and the rider
on a sledge, can lawfully strike his man. By one wise stroke of his
pen, the Emperor made all men equal before the stick; and breaches of
this rule are judged with such wholesome zeal, that the savage energy
of the upper ranks is completely checked. Once only have I seen a man
beat another--an officer who pushed, and struck a soldier, to prevent
him getting entangled in floes of ice. But a village elder, backed by
his meeting, can defeat the imperial will, and set the beneficent
public code aside.
A majority of peasants, meeting in a barn, or even in a whisky-shop,
can fine and flog their fellows beyond appeal. Some rights have been
taken from these village republicans in recent years; they are not
allowed, as in former times, to lay the lash on women; and though they
can sentence a man to twenty blows, they may not club him to death.
Yet two-thirds of a village mob, in which every voter may be drunk,
can send a man to Siberia for his term of life!
CHAPTER XXXIX.
COMMUNISM.
Such cases of village justice are not rare. Should a man have the
misfortune, from any cause, to make himself odious to his neighbors,
they can "cry a meeting," summon him to appear, and find him worthy to
be expelled. They can pass a vote which may have the effect of sending
for the police, give the expelled member into custody, and send him up
to the nearest district town. He is now a waif and stray. Rejected
from his commune, he has no place in society; he can not live in a
town, he can not enter a village; he is simply a vagabond and an
outcast, living beyond the pale of human law. The provincial governor
can do little for him, even if he be minded to do any thing at all. He
has no means of forcing the commune to receive him back; in fact, he
has no choice, beyond that of sending such a waif to either the army
or the public works. If all the forms have been observed, the village
judgment is final, and the man expelled from it by such a vote is
pretty sure of passing the remainder of his days on earth in either a
Circassian regiment or a Siberian mine.
In the more serious cases dealt with by courts of law, a commune has
the power of reviewing the sentence passed, and even of setting it
aside.
Public-domain text, read in full here on John Shaqi.
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