XXI.
FORM OF GOVERNMENT.
The society of which Schamyl on reaching the age of manhood became a member in full was a free democracy. In the western Caucasus the various tribes, such as the Kabardians, the Ubighé, and the Adighé, who are the Circassians proper, live under a form of social organization more or less feudal and aristocratic; but in the eastern, among the Lesghians, the Tchetchenians, and the inhabitants of Daghestan, there is for the most part no distinction of classes. Several small tribes in this latter division which are of Tartar origin are indeed governed by khans; but even among them where the form of government is despotic, as well as west of the Terek where it is aristocratic, there prevails such a spirit of personal independence together with such an equality of civil rights and social conditions, that the Circassians in general may best be characterized as associations of free brothers, not unlike the Germans as described by Tacitus.
More especially is this true of the Lesghians of whom is Schamyl. Among them previously to the establishment of his system of government, there was no other chief of the state than he who by general consent led the warriors of the tribe on their expeditions against the enemy. Nor did such office of leader outlast a foray or a campaign. In time of peace all were brothers, free and equal before the law, with only such diversity of social condition as might result from a difference in natural gifts or in the favors of fortune. Whoever had been endowed with most commanding powers, whoever was foremost in valor and the exercise of all manly virtues, was in fact a chieftain though without the formality of an election; he was king though without a title; and between the natural and the divine right to govern there was practically no difference.
The public affairs of the tribe were regulated in general assembly. The freemen came together at their own will to sit in the council ring on the greensward beneath the trees. In these meetings no officer claimed precedence as a right, but all granted it by consent to the elders and those most distinguished for valor and the gift of speech. The counsels of age and experience were heard first. The wise man also, whoever he was, the valiant in arms, the influential from worth of character, all gave their opinion; but most the assembly hung upon the sweet tongue of eloquence. For the orator has ample scope in the free assemblies of the Circassians. When he rises to speak, especially if he be advanced in years, the principal men of the tribe sometimes even come forward and reverently kiss his robe. If possessed of more of the impetuosity of early life, he will perhaps clash into the ring on horseback and harangue the assembly from the saddle. Then if in the midst of his impassioned volubility any Hotspur interrupt the orator, the latter foams with rage and would transgress all bounds of propriety if the lifted hand of some elder did not instantly restore silence.
When the object of the meeting is to agree on an expedition against the enemy, the favorite topic and constant burden of eloquence is the oppression and the cruelty of the Russians. As the speaker dilates upon their burnings and shedding of blood, the aoul laid low by their artillery, the women violated, the youth carried away captive, the tribes gradually driven back into the mountains, his voice rages with indignation or wails in the plaintive tones of unaffected sorrow. His eye flashes beneath the shaggy, contracted brows; the clenched fist is relaxed only to grasp shaska or poniard; the blood rushes and returns from the cheek; and the chest heaves with violently struggling emotions. Mean-while in reply is heard the low, half-stifled sob; the irrepressible tears trickle down the sunburnt cheeks of those who weep for their country, if not their friends; teeth are clenched and brows are knit and sabres are half-drawn; while at intervals is responded amen! amen! and at the conclusion a shout of applause breaks from the universal throat, and rings through the air until the echoing hill-sides give it back to each other in boisterous accord.
New laws are rarely made by this assembly, the tribe being governed very much by custom and ancient usage. Whenever these prove an insufficient rule of action, the Koran, in those parts of the mountains where it has been introduced, is appealed to. Of course, in a state of society so simple and unchanging there is little need of that constant lawmaking and unmaking deemed so indispensable in free and more civilized communities. Whatever rules of conduct have been longest established and found to meet the necessities of many generations, are by these primitive mountaineers held most sacred. To execute laws, therefore, not to make them, is the principal object of what little government exists in the Caucasus. Offenders are tried in the council ring; punishments consist mostly of fines, which if not paid by the guilty individual himself, must be by his family or his tribe; and crimes against persons which are not thus compounded are prosecuted by the injured party and those of his blood even to the third and fourth generations.
Hence arise those numerous feuds which, arraying family against family and tribe against tribe, produce a degree of mutual alienation of which great use has been made by the Russians in their war of subjugation. For the right of revenge is one of the three great principles on which is based the whole system of Circassian usage, the exercise of hospitality and respect for age being the two others. But to limit the sway of this old law of an eye for an eye and a tooth for a tooth under which intestine wars prevailed, as formerly among the clans of Scotland, and suits at law were protracted from generation to generation, as in the chancery of England, fraternities have latterly been established and oaths imposed on the members, whereby the ends of justice have been better secured as well as domestic peace greatly promoted. For an oath taken over even a few amulets is sufficient to secure the fulfilment of an engagement; and when formally administered upon the Koran suspended from two rifle-rests, the warrior, who never trembled before, is, by the simple ceremony, agitated with dread, and having deposited his rifle, his pistol, or his bow, will die but what he will keep his word.
The barbarity of this law of blood has also been always more or less counteracted by the affectionate respect for age, wherever met with, which runs through the code of Circassian manners, as well as by such an universal practice of hospitality as keeps the door of the apartment for guests standing wide open from one end of the year to the other throughout the mountains, and which enables even the foreigner to enter the country unharmed, by placing himself under the protection of any chieftain he may select for his konak or guardian.