When I say that the rural Commune is a good specimen of Constitutional government, I use the phrase in the English, and not in the Continental sense. In the Continental languages a Constitutional regime implies the existence of a long, formal document, in which the functions of the various institutions, the powers of the various authorities, and the methods of procedure are carefully defined. Such a document was never heard of in Russian Village Communes, except those belonging to the Imperial Domains, and the special legislation which formerly regulated their affairs was repealed at the time of the Emancipation. At the present day the Constitution of all the Village Communes is of the English type—a body of unwritten, traditional conceptions, which have grown up and modified themselves under the influence of ever-changing practical necessity. No doubt certain definitions of the functions and mutual relations of the Communal authorities might be extracted from the Emancipation Law and subsequent official documents, but as a rule neither the Village Elder nor the members of the Village Assembly ever heard of such definitions; and yet every peasant knows, as if by instinct, what each of these authorities can do and cannot do. The Commune is, in fact, a living institution, whose spontaneous vitality enables it to dispense with the assistance and guidance of the written law, and its constitution is thoroughly democratic. The Elder represents merely the executive power. The real authority resides in the Assembly, of which all Heads of Households are members.*
* An attempt was made by Alexander III. in 1884 to bring the
rural Communes under supervision and control by the
appointment of rural officials called Zemskiye Natchalniki.
Of this so-called reform I shall have occasion to speak
later.
The simple procedure, or rather the absence of all formal procedure, at the Assemblies, illustrates admirably the essentially practical character of the institution. The meetings are held in the open air, because in the village there is no building—except the church, which can be used only for religious purposes—large enough to contain all the members; and they almost always take place on Sundays or holidays, when the peasants have plenty of leisure. Any open space may serve as a Forum. The discussions are occasionally very animated, but there is rarely any attempt at speech-making. If any young member should show an inclination to indulge in oratory, he is sure to be unceremoniously interrupted by some of the older members, who have never any sympathy with fine talking. The assemblage has the appearance of a crowd of people who have accidentally come together and are discussing in little groups subjects of local interest. Gradually some one group, containing two or three peasants who have more moral influence than their fellows, attracts the others, and the discussion becomes general. Two or more peasants may speak at a time, and interrupt each other freely—using plain, unvarnished language, not at all parliamentary—and the discussion may become a confused, unintelligible din; but at the moment when the spectator imagines that the consultation is about to be transformed into a free fight, the tumult spontaneously subsides, or perhaps a general roar of laughter announces that some one has been successfully hit by a strong argumentum ad hominem, or biting personal remark. In any case there is no danger of the disputants coming to blows. No class of men in the world are more good-natured and pacific than the Russian peasantry. When sober they never fight, and even when under the influence of alcohol they are more likely to be violently affectionate than disagreeably quarrelsome. If two of them take to drinking together, the probability is that in a few minutes, though they may never have seen each other before, they will be expressing in very strong terms their mutual regard and affection, confirming their words with an occasional friendly embrace.