Perhaps only those who are familiar with the methods of czarism can appreciate fully the significance of thus associating political offenses, such as counter-revolutionary agitation, with such offenses as illegal speculation and profiteering. Proceedings against profiteers and speculators could be relied upon to bring sufficient popularity to these tribunals to enable them to punish political offenders severely, and with a greater degree of impunity than would otherwise be possible. On December 19, 1917, I. Z. Steinberg, People’s Commissar of Justice, issued a decree called “Instructions to the Revolutionary Tribunal,” which caused Shcheglovitov, the most reactionary Minister of Justice the Czar ever had, to cry out: “The Cadets repeatedly charged me in the Duma with turning the tribunal into a weapon of political struggle. How far the Bolsheviki have left me behind!” The following paragraphs from this remarkable document show how admirably the institution of the Revolutionary Tribunal was designed for political oppression:
1. The Revolutionary Tribunal has jurisdiction in cases of persons (a) who organize uprisings against the authority of the Workmen’s and Peasants’ Government, actively oppose the latter or do not obey it, or call upon other persons to oppose or disobey it; (b) who utilize their positions in the state or public service to disturb or hamper the regular progress of work in the institution or enterprise in which they are or have been serving (sabotage, concealing or destroying documents or property, etc.); (c) who stop or reduce production of articles of general use without actual necessity for so doing; (d) who violate the decrees, orders, binding ordinances, and other published acts of the organs of the Workmen’s and Peasants’ Government, if such acts stipulate a trial by the Revolutionary Tribunal for their violation; (e) who, taking advantage of their social or administrative position, misuse the authority given them by the revolutionary people. Crimes against the people committed by means of the press are under the jurisdiction of a specially instituted Revolutionary Tribunal.
2. The Revolutionary Tribunal for offenses indicated in Article I imposes upon the guilty the following penalties: (1) fine; (2) deprivation of freedom; (3) exile from the capitals, from particular localities, or from the territory of the Russian Republic; (4) public censure; (5) declaring the offender a public enemy; (6) deprivation of all or some political rights; (7) sequestration or confiscation, partial or general, of property; (8) sentence to compulsory public work.
The Revolutionary Tribunal fixes the penalty, being guided by the circumstances of the case and the dictates of the revolutionary conscience.
II. The verdicts of the Revolutionary Tribunal are final. In case of violation of the form of procedure established by these instructions, or the discovery of indications of obvious injustice in the verdict, the People’s Commissar of Justice has the right to address to the Central Executive Committee of the Soviets of Workers’, Soldiers’, and Peasants’ Deputies a request to order a second and last trial of the case.
Refusal to obey the Soviet Government, active opposition to it, and calling upon other persons “to oppose or disobey it” are thus made punishable offenses. In view of the uproar of protest raised in this country against the deportation of alien agitators and conspirators, especially by the defenders and upholders of the Bolsheviki who have assured us of the beneficent liberality of the Soviet Utopia, it may be well to direct particular attention to the fact that these “instructions” make special and precise provisions for the deportation of political undesirables. It is set forth that the Revolutionary Tribunal may inflict, among other penalties, “exile from the capitals, from particular localities, or from the territory of the Russian Republic,” that is, deportation. These penalties, moreover, apply to Russian citizens, not, as in the case of our deportations, to aliens. The various forms of exile thus provided for were common penalties under the old régime.[15]
[15] To avoid misunderstanding (though I cannot hope to avert misrepresentation) let me say that this paragraph is not intended to be a defense or a justification of the policy of deporting alien agitators. While admitting the right of our government to deport undesirable aliens, as a corollary to the undoubted right to deny their admission in the first place, I do not believe in deportation as a method of dealing with revolutionary propaganda. On the other hand, I deny the right of the Bolsheviki or their supporters to oppose as reactionary and illiberal a method of dealing with political undesirables which is in full force in Bolshevist Russia, which they acclaim so loudly.
It is interesting to observe, further, that there is no right of appeal from the verdicts of the Revolutionary Tribunal, except that “the People’s Commissar of Justice has the right to address to the Central Executive Committee of the Soviets of Workers’, Soldiers’, and Peasants’ Deputies a request to order a second and last trial” of any case in which he is sufficiently interested to do so. Unless this official can be convinced that there has been some “violation of the form of procedure” or that there is “obvious injustice in the verdict,” and unless he can be induced to make such a “request” to the central Soviet authority, the verdict of the Revolutionary Tribunal is final and absolute. What a travesty upon justice and upon democracy! What an admirable instrument for tyrants to rely upon!
Even this terrible weapon of despotism and oppression did not satisfy the Bolsheviki, however. For one thing, the decree constituting the Revolutionary Tribunal provided that its session must be held in the open; for another, its members must be elected. Consequently, a new type of tribunal was added to the system, the Extraordinary Commission for Combating Counter-Revolution—the infamous Chresvychaika. Not since the Inquisitions of the Middle Ages has any civilized nation maintained tribunals clothed with anything like the arbitrary and unlimited authority possessed by the central and local Extraordinary Commissions for Combating Counter-Revolution. They have written upon the pages of Russia’s history a record of tyranny and oppression which makes the worst record of czarism seem gentle and beneficent.
It is not without sinister significance that in all the collections of documents which the Bolsheviki and their sympathizers have published to illustrate the workings of the Soviet system, in this country and in Europe, there is not one explaining the organization, functions, methods, and personnel of it’s most characteristic institution—more characteristic even than the Soviet. Neither in the several collections published by The Nation, the American Association for International Conciliation, the Russian Soviet Government Bureau, nor in the books of writers like John Reed, Louise Bryant, William C. Bullitt, Raymond Robins, William T. Goode, Arthur Ransome, Isaac Don Levine, Colonel Malone, M.P., Lincoln Eyre, Etienne Antonelli, nor any other volume of the kind, can such information be found. This silence is profoundly eloquent.
This much we know about the Chresvychaikas: The Soviet Government created the All-Russian Extraordinary Commission for Combating Counter-Revolution, Sabotage, and Profiteering, and established it at the headquarters of the former Prefecture of Petrograd, 2, Gorokhovaia Street. Its full personnel has never been made known, but it is well known that many of the spies and confidential agents of the former secret police service entered its employ. Until February, 1919, it possessed absolutely unlimited powers of arrest, except for the immunity enjoyed by members of the government; its hearings were held in secret; it was not obliged to report even the names of persons sentenced by it; mass arrests and mass sentences were common under its direction; it was not confined to dealing with definite crimes, violations of definite laws, but could punish at will, in any manner it deemed fit, any conduct which it pleased to declare to be “counter-revolutionary.”
Those apologists who say that the Bolsheviki resorted to terrorism only after the assassination of Uritzky, and those others who say that terrorism was the answer to the intervention of the Allies, are best answered by the citation of official documentary evidence furnished by the Bolsheviki themselves. In the face of such evidence argument is puerile and vain. In February, 1918, months before either the assassination of Uritzky or the intervention of the Allies took place, the All-Russian Extraordinary Commission issued the following proclamation, which was published in the Krasnaya Gazeta, official organ of the Petrograd Soviet, on February 23, 1918:
The All-Russian Extraordinary Commission to Combat Counter-Revolution, Sabotage, and Speculation, of the Council of People’s Commissaries, brings to the notice of all citizens that up to the present time it has been lenient in the struggle against the enemies of the people.
But at the present moment, when the counter-revolution is becoming more impudent every day, inspired by the treacherous attacks of German counter-revolutionists; when the bourgeoisie of the whole world is trying to suppress the advance-guard of the revolutionary International, the Russian proletariat, the All-Russian Extraordinary Commission, acting in conformity with the ordinances of the Council of People’s Commissaries, sees no other way to combat counter-revolutionists, speculators, marauders, hooligans, obstructionists, and other parasites, except by pitiless destruction at the place of crime.
Therefore the Commission announces that all enemy agents, and counter-revolutionary agitators, speculators, organizers of uprisings or participants in preparations for uprisings to overthrow the Soviet authority, all fugitives to the Don to join the counter-revolutionary armies of Kaledin and Kornilov and the Polish counter-revolutionary Legions, sellers or purchasers of arms to be sent to the Finnish White Guard, the troops of Kaledin, Kornilov, and Dovbor Musnitsky, or to arm the counter-revolutionary bourgeoisie of Petrograd, will be mercilessly shot by detachments of the Commission at the place of the crime.
Petrograd, February 22, 1918. All-Russian Extraordinary Commission.