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JAPANESE AND CHINESE

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Originally appearing in Volume V23, Page 877 of the 1911 Encyclopedia Britannica.
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JAPANESE AND CHINESE KOREANS .. .. .. 86,113 .. .. 86,I13 ' These totals include in some cases small linguistic groups not mentioned in the table. 2 About 77% Bulgarians, the rest mostly Bohemians (Czechs). 3 Inclusive of 448,022 Zhmuds. ' Principally Frenchmen, with Englislmen, Italians, Norwegians, Danes, Dutchmen and Spaniards. ' Ethnologically the Bulgarians ought perhaps to come here; but, as a large admixture of Slav blood flows in their veins and they speak a distinctly Slav language, they have In this table been grouped with the Slays. 6 Includes Georgians, Mingrelians, Imeretians, Lazes and Svanetians. ' For details, see table under the heading CAUCASIA. Of the total given here, 20 % are Circassians. the great cities. The members of the Duma are elected by electoral colleges in each government, and these in their turn are elected, like the zemstvos (see below), by electoral assemblies chosen by the three classes of landed proprietors, citizens and peasants. In these assemblies the large proprietors sit in person, being thus electors in the second degree; the lesser proprietors are represented by delegates, and therefore elect in the third degree. The urban population, divided into two categories according to their taxable wealth, elects delegates direct to the college of the government (Guberniya), and is thus represented in the second degree; but the system of division into categories, according not to the number of taxpayers but to the amount they pay, gives a great preponderance to the richer classes. The peasants are represented only in the fourth degree, since the delegates to the electoral college are elected by the volosts (see below). The workmen, finally, are specially treated. Every industrial concern employing fifty hands or over elects one or more delegates to the electoral college of the government, in which, like the others, they form a separate curia. In the college itself the voting—secret and by ballot throughout—is by majority; and since this majority consists, under the actual system, of very conservative elements (the landowners and urban delegates having 8ths of the votes), the progressive elements—however much they might preponderate in the country—would have no chance of representation at all save for the curious provision that one member at least in each government must be chosen from each of the five classes represented in the college. For example, were there no reactionary peasant among the delegates, a reactionary majority might be forced to return a Social Democrat to the Duma. As it is, though a fixed minimum of peasant delegates must be returned, they by no means probably represent the opinion of the peasantry. That in the Duma any Radical elements survive at all is mainly due to the peculiar franchise enjoyed by the seven largest towns—St Petersburg, Moscow, Kiev, Odessa, Riga and the Polish cities of Warsaw and Lodz. These elect their delegates to the Duma direct, and though their votes are divided into two curias (on the basis of taxable property) in such a way as to give the advantage to wealth, each returning the same number of delegates, the democratic colleges can at least return members of their own complexion.' The competence of the Russian parliament2 thus constituted is strictly limited. It shares with the emperor the legislative Powers power, including the discussion and sanctioning of of the the budget. But, so far as the parliament is concerned, Mims. this power is subject to numerous and important exceptions. All measures, e.g. dealing with the organization of the army and navy are outside its competence; these are no longer called " laws " but " ordinary administrative rules." Moreover, the procedure of the Houses practically places the control of legislation in the hands of ministers. Any member may bring in a " project of law," but it has to be submitted to the minister of the department concerned, who is allowed a month to consider it, and himself prepares the final draft laid on the table of the House. Amendments, however, may be and have been carried against the government. Ministers are responsible, moreover, not to parliament but to the emperor. They may be interpellated, but only on the legality, not the policy, of their acts. In the words of M. Stolypin, there is no intention of converting the ministerial bench into a prisoners' dock. If by a two-thirds majority the action of a minister be arraigned, the president of the Imperial Council lays the case before the emperor, who decides. The powers of the parliament over the budget are even more limited, though not altogether illusory. No legislation by means of the budget is allowed, i.e. no alteration may be made in credits necessary for carrying out a law. This deprives parliament of control over the administrative departments, all the ministries being thus " armour-plated "—to use the cant phrase current in Russia—except that of ways and communications (railways). The sum of 700,000,000 roubles per annum is thus excepted from the control of the chambers. Other exceptions are the " Institutions of the Empress Marie," which absorb, inter alia, the duties on playing-cards and the taxes on places of public entertainment; the imperial civil list, so far as this does not exceed the sum fixed in 1906 (16,359,595 roubles!); the expenses of the two imperial chanceries, 10,000,000 roubles per annum, which constitute in effect a secret service fund. Al-together, half the annual expenditu,e of the country is outside the control of parliament. Nor is this all. If the budget be not sanctioned by the emperor, that of the previous year remains in force, and the government has power, motu proprio, to impose the extra taxes necessary to carry out new laws. In certain circumstances, too, the emperor reserves the right to raise fresh loans. ' Thus M. Guchkov, leader of the Octobrists, and M. Miliukov, leader of the cadets, were both returned by the second curia of St Petersburg to the third Duma. 2 Strictly speaking, the title is inapplicable, there being no collective official name for the two chambers. The word parliament may, however, be used as a convenient term, failing a better. Further, the emperor has the power to issue ordinances having the force of law, i.e. under extraordinary circumstances when the Duma is not sitting. These ordinances must, how-ever, be of a temporary nature, must not infringe the fundamental laws or statutes passed by the two chambers, or change the electoral system, and must be laid upon the table of the Duma at the first opportunity. Since, however, the emperor has the power of proroguing or dissolving the Duma as often as he pleases, it is clear that these temporary ordinances might in effect be made permanent. Finally, the emperor has the right to proclaim anywhere and at any time a state of siege. In this way the fundamental laws were suspended not only in Poland but in St Petersburg and other parts of the empire during the greater part of the four years succeeding the grant of the constitution. It should be noted, none the less, that the third Duma succeeded in establishing its position, and that in view of its useful activities even the extreme Right came to realize that there could be no return to the old undisguised absolutist regime (see History, below, ad fin.). By the law of the 18th of October (November r) r9o5, to assist the emperor in the supreme administration a Council of Ministers (Sovyet Ministrov) was created, under a Council of minister president, the first appearance of a prime ministers. minister in Russia. This council consists of all the ministers and of the heads of the principal administrations. The ministries are as follows: (1) of the Imperial Court, to which the administration of the apanages, the chapter of the imperial orders, the imperial palaces and theatres, and the Academy of Fine Arts are subordinated; (2) Foreign Affairs; (3) War and Marine; (4) Finance; (5) Commerce and Industry (created in 1905); (6) Interior (including police, health, censorship and press, posts and telegraphs, foreign religions, statistics); (7) Agriculture; (8) Ways and Communications; (9) Justice; (ro) Public Instruction. Dependent on the Council of Ministers are two other councils: the Holy Synod and the Senate. The Holy Synod (established in 1721) is the supreme organ of government of the Orthodox Church in Russia. It is presided over by a lay procurator, representing the emperor, and consists, for the rest, of the three Holy synod. metropolitans of Moscow, St Petersburg and Kiev, the archbishop of Georgia, and a number of bishops sitting in rotation. The Senate (Pravitelstvuyushchi Send, i.e. directing or governing senate), originally established by Peter the Great, consists of members nominated by the emperor. Its functions, which are exceedingly various, are carried h Senate. out by the different departments into which it is divided. It is the supreme court of cassation (see Judicial System, below); an audit office, a high court of justice for all political offences; one of its departments fulfils the functions of a heralds' college. It also has supreme jurisdiction in all disputes arising out of the administration of the empire, notably differences between the representatives of the central power and the elected organs of local self-government. Lastly, it examines into registers and promulgates new laws, a function which, in theory, gives it a power, akin to that of the Supreme Court of the United States, of rejecting measures not in accordance with the fundamental laws. For purposes of provincial administration Russia is divided into 78 governments (guberniya), 18 provinces (oblast) and x district (okrug). Of these 11 governments, 17 p.0. provinces and x district (Sakhalin) belong to Asiatic vinciai Russia. Of the rest 8 governments are in Finland, adminisxo in Poland. European Russia thus embraces 59 tree°°' governments and r province (that of the Don). The Don province is under the direct jurisdiction of the ministry of war; the rest have each a governor and deputy-governor, the latter presiding over the administrative council. In addition there are governors-general, generally placed over several governments and armed with more extensive powers, usually including the command of the troops within the limits of their jurisdiction. In 1906 there were governors-general in Finland, Warsaw, Vilna, Kiev, Moscow and Riga. The. larger cities (St Petersburg, Moscow, Odessa, Sevastopol, Kertch-Yenikala, Nikolayev, Rostov) have an administrative system of their own, independent of the governments; in these the chief of police acts as governor. As organs of the Police. central government there are further, the ispravniki, chiefs of police in the districts into which the governments are divided. These are nominated by the governors,' and have under their orders in the principal localities commissaries (stanovoi pristav). Ispravniki and stanovoi alike are armed with large and ill-defined powers; and, since they are for the most part illiterate and wholly ignorant of the law, they have proved exasperating engines of oppression. Towards the end of the reign of Alexander II., the government, in order to preserve order in the country districts, also created a special class of mounted rural policemen (uryadniki, from uriad, order), who, armed with power to arrest all suspects on the spot, rapidly became the terror of the countryside .2 Finally, in the towns every house is provided with a detective policeman in the person of the porter (dvornik), who is charged with the duty of reporting to the police the presence of any suspicious characters or anything else that may interest them .3 In addition to the above there is also a police organization, in direct subordination to the ministry of the interior, of which the principal function is the discovery, prevention and extirpation of political sedition. A secret police, armed with inquisitorial and arbitrary powers, has always existed in autocratic Russia. Its most famous development was the so-called " Third Section " (of the imperial chancery) instituted by the emperor Nicholas I. in 1826. This was entirely independent of the ordinary police, but was associated with the previously existing corps of gendarmes (Korpus Zhandarmov), whose chief was placed at its head. Its object had originally been to keep the emperor in close touch with all the branches of the administration and to bring to his notice any abuses and irregularities (see NICHOLAS 1.), and for this purpose its chief was in constant personal intercourse with the sovereign. Actually, however, its activity, directed mainly to the discovery of political offences, degenerated into a hideous reign of terror. Its organization was spread all over Russia; its procedure was secret and summary (transportation by administrative order); and, its instruments being for the most part ignorant and largely corrupt, its victims were counted by thousands. The " Third Section " was suppressed by Alexander II. in r88o, but only in name. In fact it was transformed into a separate department of the ministry of the interior, and, provided with an enormous secret service fund, soon dominated the whole ministry. The corps of gendarmes was also incorporated in this department, the under-secretary of the interior being placed at its head and at that of the police generally, with practically unlimited jurisdiction in all cases which, in the judgment of the minister of the interior, required to be dealt with by processes outside the ordinary law. In 1896 the powers of the minister were extended at the expense of those of the under-secretary, who remained only at the head of the corps of gendarmes; but by a law of the 24th of September 1904 this was again reversed, and the under-secretary was again placed at the head of all the police with the title of under-secretary for the administration of the police. Local Elected Administrative Bodies.—Alongside the local organs of the central government in Russia there are three classes of local elected bodies charged with administrative functions: (I) the peasant assemblies in the mir and the volost, ' From Catherine II.'s time to that of Alexander II. they were elected by the nobles. This was changed in consequence of the emancipation of the serfs. 2 They were soon nicknamed Kuryadniki, chicken-stealers (from Kura, hen). See Leroy-Beaulieu, L'Empire des tsars, ii. 134. ' The dvornik is on duty for sixteen hours at a stretch, during which he is not allowed to sleep or even to shelter in the porch.the zemstvos in the 34 governments of Russia proper, (1) the municipal dumas. Of these the peasant assemblies are the most interesting and in some respects the most important, since the peasants (i.e. three-quarters of the population of Russia) form a class apart,' largely excepted from The mir. the incidence of the ordinary law, and governed in accordance with their local customs. The mir itself, with its customs, is of immemorial antiquity (see VILLAGE COMMUNITIES) ; it was not, however, till the emancipation of the serfs in 1861 that the village community was withdrawn from the patrimonial jurisdiction of the landowning nobility and endowed with self-government. The assembly of the mir consists of all the peasant householders of the village.5 These elect a head-man (starosta) and a collector of taxes, who was responsible, at least until the ukaz of October r906, which abolished communal responsibility for the payment of taxes, for the repartition among individuals of the taxes imposed on the commune. A number of miss are united into a volost, The or canton, which has an assembly consisting of elected volost. delegates from the mirs, These elect an elder (starshina) and, hitherto, a court of justice (volostnye sud). See Judicial System, below. The self-government of the mists and volosts is, however, tempered by the authority of the police commissaries (stanovoi) and by the power of general oversight given to the nominated " district committees for the affairs of the peasants." The system of local self-government is continued, so far as the 34 governments of old Russia are concerned,6 in the elective district and provincial assemblies (zemstvos). The These bodies, one for each district and another for zemstvos. each province or government, were created by Alex- ander II. in 1864. They consist of a representative council (zemskoye sobranye) and of an executive board (zemskaya uprava) nominated by the former. The board consists of five classes of members: (I) large landed proprietors (nobles owning .590 acres and over), who sit in person; (2) delegates of the small landowners, including the clergy in their capacity of landed proprietors; (3) delegates of the wealthier townsmen; (4) delegates of the less wealthy urban classes; (5) delegates of the peasants, elected by the volosts.7 The rules governing elections to the zemstvos were taken as a model for the electoral law of 1906 and are sufficiently indicated by the account of this given below. The zemstvos were originally given large powers in relation to the incidence of taxation, and such questions as education, public health, roads and the like. These powers were, however, severely restricted by the emperor Alexander III. (law of 12/25 June 189o), the zemstvos being absolutely subordinated to the governors, whose consent was necessary to the validity of all their decisions, and who received drastic powers of discipline over the members.8 It was not till 1905 that the zemstvos regained, at least de facto, some of their independent initiative. The part played by the congress of zemstvos in the earlier stages of the Russian revolution is outlined below (see History: § 2. Development of the Russian Constitution). 4 Until the ukaz of October 18, 1906, the peasant class was stereo-typed under the electoral law. No peasant, however rich, could qualify for a vote in any but the peasants' electoral colleges. The ukaz allowed peasants with the requisite qualifications to vote as landowners. At the same time the Senate interpreted the law so as to exclude all but heads of families actually engaged in farming from the vote for the Duma. None but peasants—not even the noble-landowner—has a voice in the assembly of the mir. 8 Sixteen provinces have no zemstvos, i.e. the three Baltic provinces, the nine western governments annexed from Poland by Catherine II., and the Cossack provinces of the Don, Astrakhan, Orenburg and Stavropol. 7 By the law of the 12th (25th) of June 1890 the peasant members of the zemstvos were to be nominated by the governor of the government or province from a list elected by the volosts. 8 In spite of these restrictions and of an electoral system which tended to make these assemblies as strait-laced and reactionary as any government bureau, the zemstvos did good work, notably educational, in those provinces where the proprietors were inspired with a more liberal spirit. Many zemstvos also made extensive and valuable inquiries into the condition of agriculture, industry and the like. Secret police. Since 187o the municipalities in European Russia have had institutions like those of the zemstvos. All owners of houses, Municipal and tax-paying merchants, artisans and workmen dumas. are enrolled on lists in a descending order according to their assessed wealth. The total valuation is then divided into three equal parts, representing three groups of electors very unequal in number, each of which elects an equal number of delegates to the municipal duma. The executive is in the hands of an elective mayor and an uprava, which consists of several members elected by the duma. Under Alexander III., however, by laws promulgated in 1892 and 1894, the municipal dumas were subordinated to the governors in the same way as the zemstvos. In 1894 municipal institutions, with still more restricted powers, were granted to several towns in Siberia, and in 1895 to some in Caucasia. In the Baltic provinces (Courland, Livonia and Esthonia) the landowning classes formerly enjoyed considerable powers Baltic of self-government and numerous privileges in matters provinces. affecting education, police and the administration of local justice. But by laws promulgated in 1888 and 1889 the rights of police and manorial justice were transferred from the landlords to officials of the central government. Since about the same time a process of rigorous Russification has been carried through in the same provinces, in all departments of administration, in the higher schools and in the university of Dorpat, the name of which was altered to Yuriev. In 1893 district committees for the management of the peasants' affairs, similar to those in the purely Russian governments, were introduced into this part of the empire. Judicial System.—Not the least valuable of the gifts of the " tsar emancipator," Alexander II., to Russia was the judicial system established by the statute (Sudebni Ustav) of the loth of November 1864. The system which this superseded was not indigenous to Russia, but had been set up by Peter the Great, who had taken as his model the inquisitorial procedure at that time in vogue on the continent of western Europe. Both civil and criminal procedure were secret. All the proceedings were conducted in writing, and the judges were not confronted with either the parties or the witnesses until they emerged to deliver judgment. This secrecy, combined with the fact that the judges were very ill paid, led to universal bribery and corruption. To check this courts were multiplied (there were five, six or more instances), which only multiplied the evil. Documents accumulated from court to court, till none but the clerks who had written them could tell their gist; costs were piled up; and all this, combined with the confusion caused by the chaotic mass of imperial ukazes, ordinances and ancient laws—often inconsistent or flatly contradictory—made the administration of justice, if possible, more dilatory and capricious than in the old, unreformed English court of chancery. Above all, there was no dividing line between the judiciary and the administrative functions. The judges were not so by profession; they were merely members of the official class (chinovniks), the prejudices and vices of which they shared. Of this system—except so far as the confusion of the laws is concerned—the reform of 1864 made a clean sweep. The new Law of system established—based partly on English, partly 1864. on French models—was built up on certain broad principles: the separation of the judicial and administrative functions, the independence of the judges and courts, the publicity of trials and oral procedure, the equality of all classes before the law. Moreover, a democratic element was introduced by the adoption of the jury system and—so far as one order of tribunal was concerned—the election of judges. The establishment of a judicial system on these principles constituted, as M. Leroy-Beaulieu justly observes, a fundamental change in the conception of the Russian state, which, by placing the administration of justice outside the sphere of the executive power, ceased to be a despotism. This fact made the new system especially obnoxious to the bureaucracy, and during the latter years of Alexander II. and the reign of Alexander III. there was a piecemeal taking back of what had been given. It was reserved for the third Duma, after the revolution, to begin the reversal of this process.' The system established by the law of 1864 is remarkable in that it set up two wholly separate orders of tribunals, each having their own courts of appeal and coming in contact only in the senate, as the supreme court of cassation. The first of these, based on the English model, are the courts of the elected justices of the peace, with jurisdiction over petty causes, whether civil or criminal; the second, based on the French model, are the ordinary tribunals of nominated judges, sitting with or without a jury to hear important cases. The justices of the peace, who must be landowhers2 or (in towns) persons of moderate property, are elected by the municipal dumas in the towns, and by the zemstvos justices in the country districts, for a term of three years. of the They are of two classes: (I) acting justices (uchastokvye Peace. mirovye sudi); (2) honorary justices (pochetnye mirovye sudi). The acting justice sits normally alone to hear. causes in his canton of the peace (uchastok), but, at the request of both parties to a suit, he may call in an honorary justice as assessor or substitute? In all civil cases involving less than 30 roubles, and in criminal cases punishable by no more than three days' arrest, his judgment is final. In other cases appeal can be made to the " assize of the peace " (mirovye syezd), consisting of three or more justices of the peace meeting monthly (cf. the English quarter sessions), which acts both as a court of appeal and of cassation. From this again appeal can be made on points of law or disputed procedure to the senate, which may send the case back for retrial by an assize of the peace in another district. The ordinary tribunals, in their organization, personnel and procedure, are modelled very closely on those' of France (see
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