The Trubetskoi-Kryzhanovskii-Lopukhin reform proposal which Mirskii presented to Nicholas early in December 1904 was a cleverly worded appeal to the Tsar’s conservative instincts.41
The authors made the proposed constitutional and parliamentary concessions appear to be a restoration of old practices rather than the revolutionary innovation that they really were. The reforms of Alexander II, they wrote, had ended the “patrimonial” (marked the end of the old patrimonial order and, along with it, of the personalized notions of rulership. Russia ceased to be the personal property and fiefdom of its ruler.… [The concepts] of “public interest” and “public opinion” suggested the emergence of the impersonal state … with its own body politic, separate from the person of the ruler.42
Legality (
Mirskii’s draft was discussed on December 7 by high officials under Nicholas’s chairmanship. The most controversial clause called for the introduction into the State Council, at the time an exclusively appointed body, of deputies elected by the
At the Tsar’s request, Witte prepared an appropriate document for his signature. But Nicholas had second thoughts: he needed reassurance. Before signing it into law, he consulted Grand Duke Sergei and Witte. Both advised against adding elected representatives to the State Council—Sergei out of conviction, Witte more likely out of opportunism. Nicholas did not require much convincing: relieved, he struck out this provision. “I shall never, under any circumstances,” he told Witte, “agree to a representative form of government because I consider it harmful to the people whom God has entrusted to my care.”45
When he learned of the Tsar’s change of heart on the key provision in his draft, Mirskii fell into despondency. Convinced that all was lost he offered to resign, but Nicholas persuaded him to stay on.
On December 12, 1904, the government made public a law “Concerning the Improvement of the Political Order,” which, its title notwithstanding, announced all kinds of reforms except in the realm of politics.46
One set of measures addressed the condition of the peasantry, “so dear to OUR heart.” Others dealt with the population’s legal and civil rights. Government officials would be held accountable for misdemeanors. The sphere of activity ofAll this was welcome. But the absence of any political concessions was widely seen as a rejection of the demands of the November 1904 Zemstvo Congress.47
For this reason the Law of December 12 was given little chance to resolve the national crisis, which was first and foremost political in nature.Commissions were named to draft laws implementing the December 12 edict, but they had no issue because neither Nicholas nor the Court desired changes, preferring to procrastinate. They may have been hoping for some miracle, perhaps a decisive victory over the Japanese now that the Minister of War, Kuropatkin, had taken personal command of the Russian armies in the Far East. On October 2, Russia’s Baltic Fleet sailed to relieve Port Arthur.
But no miracle occurred. Instead, on December 20, 1904/January 2, 1905, Port Arthur surrendered. The Japanese captured 25,000 prisoners and what was left of Russia’s Pacific Fleet.