The electoral law was worked out at meetings of officials and public representatives. The principal question was whether to provide for an equal and direct vote or a vote organized by estates and cast indirectly, through electoral chambers.14 Following the recommendation of the bureaucracy, it was decided to adopt a system of indirect voting by estates in order to reduce the weight of constituencies regarded as more likely to elect radical deputies. There were to be four electoral curiae: for the gentry (
While the experts worked on the constitution, the government published laws implementing the pledges of civil rights in the October Manifesto.16 On November 24, 1905, preliminary censorship of periodical publications was abolished: henceforth newspapers and journals which published what the authorities considered seditious or libelous material could be prosecuted only in court. Although during World War I some preliminary censorship was restored, after 1905 Russia enjoyed full press freedom, which made it possible to criticize the authorities without restrictions. Laws issued on March 4, 1906, guaranteed the rights of assembly and association. Citizens were allowed to hold lawful assemblies, provided they notified the local chief of police seventy-two hours in advance and observed certain provisions when meeting in the open. Forming associations also required prior notification to the authorities: if no objections were raised within two weeks, the organizers were free to proceed. This law made possible the formation of trade unions as well as political parties, although, in practice, in both cases governmental permission would frequently be withheld under one pretext or another.*
These rights and freedoms had no precedent in Russian history. Nevertheless, the bureaucracy found ways of circumventing them by recourse to the provisions of the law of August 14, 1881, authorizing governors to place provinces under “Safeguard,” which remained on the statute books until 1917. Throughout the constitutional period, vast expanses of the Russian Empire would be declared subject to this status, which resulted in the suspension for their inhabitants of civil rights, including those of assembly and association.17
The new Fundamental Laws, made public on April 26, while the elections to the Duma were in progress, was a curious document. It had been composed in such a way as to depart minimally from the traditional Fundamental Laws, with the main emphasis placed, as before 1905, on the powers and prerogatives of the Crown. The powers and prerogatives of the legislative branch were inserted almost like an embarrassing afterthought. To compound the confusion between the new and old orders, the monarch was still defined as an “autocrat,” using a formula that dated to the reign of Peter the Great:
Article 4: To the Emperor of All the Russias belongs the Supreme Autocratic power. God Himself commands that he be obeyed, not only from fear of God’s wrath, but also for the sake of one’s conscience.18
Traditionally, the corresponding article had described the Tsar’s powers as both “unlimited” and “autocratic.” The former term was now omitted, but the omission was of little consequence because in modern Russian usage “autocratic,” which in Peter’s time had meant “sovereign”—that is, independent of other powers—had also acquired the sense of authority subject to no limitations.
Russia was given a two-chamber parliament. The lower, the State Duma (Gosudarstvennaia Duma), was composed entirely of popularly elected representatives, chosen according to the franchise outlined above. The upper chamber, the State Council (Gosudarstvennyi Sovet), was the institution by the same name which had been functioning since 1802 to translate imperial commands into laws. It consisted of appointed officials augmented with representatives of public bodies (the Church,