Latvia & Russia: One problem of the world-peace considered

by Arveds Bergs

The All-Russian Federation from the Point of View of Constitutional Law

There still remains to be elucidated the project of an All-Russian Federation from the point of view of constitutional law, i.e., the possibility of creating, with the aid of the nationalities of Russia, a durable State on the basis of federation.

The definite and authorised answer to this question was given by the late M. Kokoshkin, professor at the University of Moscow, in his report (Summer, 1917) to the Congress of the Constitutional Democratic Party on the subject of the desirable form for the future State of Russia. He proved the utter impossibility, from the point of view of constitutional law, of reconstructing Russia on a federative basis; and the Congress of the Party entirely subscribed to his opinion. There remains little to say after the view of Professor Kokoshkin.

All federations of States can work on one condition only, viz., that there is one among them which has the power, owing to its importance and influence, to support and unite all the other members. Germany gives us an instance of this law. First, in 1866, Bismarck was compelled to exclude Austria by force from the German Confederation, on account of her competition with Prussia, so that he could, in 1871, gather round him the German Federation, in which Prussia, both by her real force and in accordance with constitutional law, became the predominant partner. And the Prussian spirit guided Germany. Prussia was the cause of Germany’s extraordinary development, and also of her unprecedented defeat. The contrary is instanced by Austria-Hungary, which tottered in proportion as German Austria increasingly lost her preponderance.

Can one reckon on finding, among the nationalities of Russia, a member of the projected Federation with enough authority, from the point of view of constitutional law, to unite and support the other members of the Federation? To this question Professor Kokoshkin has given a negative and categorical reply, and we must abide by this opinion.

Evidently, the section of the Great-Russians could, in the first place, lay claim to such a part. But they count only 65 millions out of the 180 millions forming the population of Russia. Besides, this section is far from having preponderant economic importance, and it has remained, in the matter of civilisation, well behind the other members of the projected All-Russian Federation. If the leading part is given to this section—a majority of votes in the Council of the Federation, for instance—it would be a great injustice to the other nationalities, and they would never consent to it; an otherwise senseless injustice, because the section of the Great-Russians will evidently never be in a position to perform the part assigned to them, nor could they perform it except by using physical force, i.e., by re-establishing the policy of centralist absolutism, the policy which has sustained so complete a defeat, and that not only by a mere historical chance.

If there is no directing centre, it is clear that the All-Russian Federation will fall to pieces on the morrow of its foundation on paper, for there will be no power in a position to reconcile the divergent interests of the various members of the Federation. Georgia, for instance, will never consent to vote credits for the development of Northern railway systems. Latvia will give no contribution for the construction of Black Sea ports; and Ukraine will not send her sons to defend the Baltic Sea. The combination of these interests, so different and so scattered, would only result in a State-structure so weak that it would fall to pieces at the first serious blow.

Thus, from the point of view of constitutional law, we arrive at the same conclusion to which the analysis of the tendencies of civilisation and economic life led us—that the All-Russian Federation will transform itself either into a centralised State maintained by force, or it will divide itself into independent States.

There is no place for a Federation in Russia! Neither the land nor the men upon it were made for it; this is proved by History. The history of Russia in her beginnings shows us a certain number of principalities, independent of one another, and on the whole not subject to any authority. Owing to the efforts of the more powerful princes, and under the duress of the Tartar yoke, the principalities united, not into a Federation, but into a centralised State; and each principality, deprived of its independence, did not become a member of a Federation, but passed into another State.

The same course was followed in regard to the contiguous and neighbouring countries conquered by Russia.

Not only Finland and Poland, but also the Baltic, Ukraine, and Georgia were united to Russia, and received from her at least the guarantee of their special rights and of their separate position in the Russian State; but Russia did not keep her word in regard to all these States, but had them all subject to a centralised policy, after having destroyed, or attempted to destroy, all the individuality of these countries. And this is in no way by mere chance. The Russian plain, having almost no natural divisions, is not a favourable field for the creation of a Federation, and the Russian soul, understanding no via media between “all” and “nothing,” is not the cement with which it would be possible to build a Federation always based on the limitation of one will by other wills, and on a clever and experienced blend of the different inclinations.