Talks with TolstoiGolʹdenveĭzer, Aleksandr Borisovich
Philosophy
Talks with Tolstoi
Golʹdenveĭzer, Aleksandr Borisovich
Tolstoy, Leo, graf, 1828-1910
“I am not so much horrified at these murders in the Transvaal, and now
in China, as by the open declaration of immoral motives. They used at
least to cloak themselves hypocritically in good motives, but now that
this is no longer possible they express all their immoral and cruel
intentions and claims openly.”
We spoke about the abolition of deportation. Tolstoi considers it worse
than the other method. He said:
“Instead of making it possible for a man to order his life in a new
place, he is put into prison. The Government has already voted six and
a half millions for the enlargement of prisons. And this money will
again be flayed off the peasants, for there is nowhere else to take it
from.”
Of our courts of justice Tolstoi said:
“How absurd our courts are can be seen at each stage. For example, take
the case of the Tula priest. How was it that the Tula court acquitted
him, and then after the acquittal the Oriol court sentenced him to hard
labour for twenty years? If such uncertainty is possible, what are
those verdicts worth? Indeed, it depends on a thousand accidents: the
temper of the jurymen, the behaviour of the prisoner at the bar--the
prisoner bursts into tears, and the impression produced secures his
acquittal. It is merely a game of heads and tails! It would be simpler
and easier to say: Heads or tails, and to give sentence accordingly.
It simply baffles me how decent people can be judges!”
Of the case of S. I. Mamontov, Tolstoi said:
“One is certainly very sorry for him: he is an old, unhappy man; but,
on the other hand, you have to remember that the man has squandered
twelve millions, or whatever it may be; he certainly spent between one
and two hundred thousand roubles per annum, and is then acquitted,
while another wretched man steals a trifle and is condemned for it. And
in his case, too, money was spent on expensive lawyers. This reminds
me of the anecdote I read in the papers. A cashier who embezzled
twenty-five thousand roubles came to a lawyer to ask him to undertake
his defence. The lawyer asked him: ‘Is there any more money left?’
The cashier said that there was another twenty-five thousand. Then
the lawyer said: ‘Take the rest and give it to me, and then I will
undertake your case.’
“And why should the jury be able to pardon? Only the plaintiff can
pardon; but the jury whom he has not hurt have nothing to pardon him
for.
“I once talked to N. V. Davidov, and said to him that all punishment
may be dispensed with, yet an enquiry ought to be made; and when the
crime is proved, they should go to the criminal and accuse him in the
presence of all of his crime, and should bring forward the proof of
his guilt. It is quite likely that the man will say: ‘Be damned to
you, it is none of your business!’ But still I think that this method
would more often give positive results than the existing system of
punishment.”
Speaking of the Government, Tolstoi said:
Public-domain text, read in full here on John Shaqi.
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