There was a corresponding improvement in the administration of justice.
The slovenly and corrupt traditional system was condemned, and an entire
series of new tribunals, framed on western models, was created. There
was a court for each district and a court of appeal, from which a final
appeal for revision might be made to the Senate. On the French model the
magistrates were to conduct the preliminary inquiry which had hitherto
been left, with disastrous results, to the police, and public trial by
jury was introduced. In the rural districts justices of the peace, who
were generally large landed proprietors, heard the petty cases which had
earlier been made a matter of rough justice, or injustice, between the
serf and his master. In such cases an appeal might be made to a bench of
justices if there was question of a fine of more than thirty rubles
(fifteen dollars) or more than three days’ imprisonment. Such
appeals were rare, as it was found that the hardy peasant preferred a
few strokes of the lash, as in the old days, to a loss of his money or
his time. In the higher courts, as well as in the army, flogging was
abolished.
Here again the demands of the liberals were, in theory, generously met;
and in practice they were largely evaded. Incompetence was inevitable at
the beginning of so large a reform, and some degree of ill-will and
abuse of power had to be expected. These defects do not detract from the
merit of the Tsar and his liberal ministers. But there was from the
first a tendency on the part of the imperial government to regard cases
as political and reserve them for the kind of treatment they had always
received. As the radical agitation grew, and the Tsar was driven into
the arms of the reactionaries at the court, this interference naturally
increased. Long before the end of Alexander’s reign the civil courts
were habitually ignored in precisely those cases which needed the most
impartial consideration, and men were detained and punished in thousands
at the whim of brutal and irresponsible servants of the autocracy.
Public-domain text, read in full here on John Shaqi.
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