Michael Speransky. Statesman of Imperial Russia, 1772–1839 - Marc Raeff

(Chris Devlin) #1

274 GOVERNING RUSSIA'S PROVINCES


The judicial organization runs parallel to the administrative. First,
cases and suits can be brought to the local native authorities, elders,
clan and native administration, where they are decided orally and
according to tribal custom. In the second place, suits are brought to the
Land Police; and, if the parties wish it, or if the case warrants it, the
Land Police can refer the suit to the regular hierarchy of Russian
courts. In other words, on the lower level, the judiciary is not separated
from the administration (as was also the case for the Russian villages).


It was hoped though, that all intra-tribal affairs would be dealt with

adequately on the basis of local customs and by the lower native
institutions. 1
The elders and chiefs, whether elected or hereditary, receive no
salary (which limits membership to the well-to-do); the clerks, however,
can be hired and paid by the clan or tribe. The native officials are
confirmed in their office by the civilian governor, whereas the principal
clan chief is confirmed by the Governor General. Denial of confir-
mation or removal from office can only be for cause in specifically
enumerated instances. Only the collegiate body of the district adminis-
tration can deal with the natives.^2 This was one of the notable
accomplishments of the statute. The natives were protected against the
direct and constant interference of individual officials. In this respect
the natives had more internal autonomy than the Russian villages and
townships.
Various rules safeguarded the economic interest and time of the
natives, as for instance the limits put on the obligation to furnish post-
al relays or to appear as witnesses far away from their encampments.
Preventive imprisonment also was abolished.^3 For the convenience of
the natives and to stimulate their economy, yearly fairs were to be
established by the governor. Finally, the native was protected against
the traditional hardships accompanying the collection of taxes by the
provision that no collector was to go to the clan in person, except if
the clan had defaulted for more than two years. The clan elders them-
selves should bring the tax payments to the nearest Treasury Adminis-
tration or to the fairs. As with the Russian peasants, dues in kind and
services were to be replaced by money payments wherever possible.^4
All these measures aimed at limiting the officials' opportunities for in-
terfering in native affairs.

1 PSZ 29,126, pars. 122-132, 223-235.
2 PSZ 29,126, pars. 157-162.
3 PSZ 29,126, pars. 246-251, 254.
4 PSZ 29,126, pars. 133-141, 296-339.
Free download pdf