erable change took place in the opinions
of the official world during that short period. The reform was conceived
at a time of uncritical enthusiasm for advanced liberal ideas, of
boundless faith in the dictates of science, of unquestioning reliance
on public spirit, public control, and public honesty--a time in which it
was believed that the public would spontaneously do everything necessary
for the common weal, if it were only freed from the administrative
swaddling-clothes in which it had been hitherto bound. Still smarting
from the severe regime of Nicholas, men thought more about protecting
the rights of the individual than about preserving public order, and
under the influence of the socialistic ideas in vogue malefactors were
regarded as the unfortunate, involuntary victims of social inequality
and injustice.

Towards the end of the period in question all this had begun to change.
Many were beginning to perceive that liberty might easily turn to
license, that the spontaneous public energy was largely expended in
empty words, and that a certain amount of hierarchical discipline was
necessary in order to keep the public administration in motion. It was
found, therefore, in 1864, that it was impossible to carry out to their
ultimate consequences the general principles laid down and published in
1862. Even in those parts of the legislation which were actually put
in force, it was found necessary to make modifications in an indirect,
covert way. Of these, one may be cited by way of illustration. In
1860 criminal inquiries were taken out of the hands of the police and
transferred to Juges d'instruction (Sudebniye Sledovateli), who were
almost entirely independent of the Public Prosecutor, and could not
be removed unless condemned for some legal transgression by a Regular
Tribunal. This reform created at first much rejoicing and great
expectations, because it raised a barrier against the tyranny of the
police and against the arbitrary power of the higher officials. But
very soon the defects of the system became apparent. Many Juges
d'instruction, feeling themselves independent, and knowing that they
would not be prosecuted except for some flagrantly illegal act, gave way
to indolence, and spent their time in inactivity.* In such cases it
was always difficult, and sometimes impossible, to procure a
condemnation--for indolence must assume gigantic proportions in order
to become a crime--and the minister had to adopt the p