_ BOOK XXI. AFTERNOON AND EVENING OF FRIEDRICH'S LIFE--1763-1786
Chapter VII. MILLER ARNOLD'S LAWSUIT
About the Second Law-Reform, after reading and again reading much dreary detail, I can say next to nothing, except that it is dated as beginning in 1776, near thirty years after Cocceji's; ["In 1748" Cocceji's was completed; "in 1774-1775," on occasion of the Silesian Reviews, Von Carmer, Chancellor of Silesia, knowing of the King's impatience at the state of Law, presented successively Two MEMORIALS on the subject; the Second of which began "4th January, 1776" to have visible fruit.] that evidently, by what causes is not stated, but may be readily enough conjectured (in the absence of Cocceji by death, and of a Friedrich by affairs of War), the abuses of Law had again become more or less unendurable to this King; that said abuses did again get some reform (again temporary, such the Law of Nature, which bids you sweep vigorously your kitchen, though it will next moment recommence the gathering of dirt upon it); and that, in fine, after some reluctance in the Law circles, and debating PRO and CONTRA, oral some of it, and done in the King's presence, who is so intent to be convinced and see his practical way in it, [At Potsdam, "4th January, 1776," Debate, by solemn appointment, in the King's presence (King very unwell), between Silesian-Chancellor von Carmer and Grand-Chancellor von Furst, as to the feasibility of Carmer's ideas; old Furst strong in the negative;--King, after reflection, determining to go on nevertheless. (Rodenbeck, iii. 131, 133.)]--there was, as supplement to the mere Project or Theory of a CODEX FREDERICIANUS in Cocceji's time, an actual PRUSSIAN CODE set about; Von Carmer, the Silesian Chancellor, the chief agent: and a First Folio, or a First and partly a Second of it, were brought out in Friedrich's lifetime, the remainder following in that of his Successor; which Code is ever since the Law of the Prussian Nation to this day. [Not finished and promulgated till "5th February, 1794;" First Volume (containing PROZESS-ORDNUNG, Form of Procedure, in all its important details) had come out "26th April, 1784" (Preuss, iii. 418-422).] Of its worth as a Code I have heard favorable opinions, comparatively favorable; but can myself say nothing: famed Savigny finds it superior in intelligence and law-knowledge to the CODE NAPOLEON,--upon which indeed, and upon all Codes possible to poor hag-ridden and wig-ridden generations like ours, Savigny feels rather desperate. Unfortunate mortals do want to have their bits of lawsuits settled, nevertheless; and have, on trial, found even the ignorant CODE NAPOLEON a mighty benefit in comparison to none!--
Readers all see how this Second Prussian Law-Reform was a thing important to Prussia, of liveliest interest to the then King of Prussia; and were my knowledge of it greater than it is, this is all I could hope to say of it that would be suitable or profitable at present. Let well-disposed readers take it up in their imaginations, as a fact and mass of facts, very serious there and then; and color with it in some degree those five or six last years of this King's life.
Connected with this Second Law Reform, and indeed partially a source of it, or provocation to go on with it, mending your speed, there is one little Lawsuit, called the MILLER ARNOLD CASE, which made an immense noise in the world, and is still known by rumor to many persons, who would probably be thankful, as certainly I myself should, for some intelligible word on it. In regard to which, and to which alone, in this place, we will permit ourselves a little more detail.
In the sandy moors towards the Silesian border of the Neumark, southwest of Zullichau,--where we once were, with Dictator Wedell, fighting the Russians in a tragic way,--there is, as was casually then indicated, on one of the poor Brooks trickling into Oder, a Mill called KREBSMUHLE (Crabmill); Millers of which are a line of dusty Arnolds, laboriously for long generations grinding into meal the ryes, pulses, barleys of that dim region; who, and whose Crabmill, in the year 1779-1780, burst into a notoriety they little dreamt of, and became famous in the fashionable circles of this Universe, where an indistinct rumor of them lives to this day. We indicated Arnold and his Mill in Wedell's time; Wedell's scene being so remote and empty to readers: in fact, nobody knows on what paltriest of moors a memorable thing will not happen;--here, for instance, is withal the Birthplace of that Rhyming miracle, Frau Karsch (Karschin, KarchESS as they call her), the Berlin literary Prodigy, to whom Friedrich was not so flush of help as had been expected. The child of utterly poor Peasants there; whose poverty, shining out as thrift, unweariable industry and stoical valor, is beautiful to me, still more their poor little girl's bits of fortunes, "tending three cows" in the solitudes there, and gazing wistfully into Earth and Heaven with her ingenuous little soul,--desiring mainly one thing, that she could get Books, any Book whatever; having half-accidentally picked up the art of reading, and finding hereabouts absolutely nothing to read. Frau Karsch, I have no doubt, knows the Crabmill right well; and can, to all permissible lengths, inform the Berlin Circles on this point. [See JORDENS (Karschin), ii. 607-640.] An excellent Silesian Nobleman lifted her miraculously from the sloughs of misery, landed her from his travelling-carriage in the upper world of Berlin, "January, 1761" (age then thirty-nine, husband Karsch a wretched drunken Tailor at Glogau, who thereupon enlisted, and happily got shot or finished): Berlin's enthusiasm was, and continued to be, considerable;--Karschin's head, I fear, proved weakish, though her rhyming faculty was great. Friedrich saw her once, October, 1763, spoke kindly to her (DIALOGUE reported by herself, with a Chodowiecki ENGRAVING to help, in the MUSEN-ALMANACHS ensuing); and gave her a 10 pounds, but never much more:--"somebody had done me ill with him," thinks the Karschin (not thinking, "Or perhaps nobody but my poor self, and my weakness of head"). She continued rhyming and living--certain Principalities and High People still standing true--till "12th October, 1791."
Crabmill is in Pommerzig Township, not far from Kay:--Zullichau, Kay, Palzig, Crossen, all come to speech again, in this Narrative; fancy how they turned up in Berlin dinner-circles, to Dictator Wedell, gray old gentleman, who is now these many years War-Minister, peaceable, and well accepted, but remembers the flamy youth he had. Landlord of these Arnolds and their Mill is Major Graf von Schmettau (no connection of our Schmettaus),--to what insignificantly small amount of rent, I could not learn on searching; 10 pounds annually is a too liberal guess. Innumerable things, of no pertinency to us, are wearisomely told, and ever again told, while the pertinent are often missed out, in that dreary cart-load of Arnold Law-Papers, barely readable, barely intelligible, to the most patient intellect: with despatch let us fish up the small cardinal particles of it, and arrange in some chronological or human order, that readers may form to themselves an outline of the thing. In 1759, we mentioned that this Mill was going; Miller of it an old Arnold, Miller's Lad a young. Here is the subsequent succession of occurrences that concern us.
In 1762, Young Arnold, as I dimly gather, had got married, apparently a Wife with portion; bought the Mill from his Father, he and Wife co-possessors thenceforth;--"Rosine his Spouse" figuring jointly in all these Law-Papers; and the Spouse especially as a most shifty litigant. There they continue totally silent to mankind for about eight years. Happy the Nation, much more may we say the Household, "whose Public History is blank." But in the eighth year,
In 1770, Freyherr Baron von Gersdorf in Kay, who lies farther up the stream, bethinks him of Fish-husbandry; makes a Fish-pond to himself, and for part supply thereof, lays some beam or weir across the poor Brook, and deducts a part of Arnold's water.
In 1773, the Arnolds fall into arrear of rent: "Want of water; Fish-pond spoils our water," plead they to Major Graf von Schmettau. "Prosecute Von Gersdorf, then," says Schmettau: "I must have my rent! You shall have time, lengthened terms; but pay THEN, or else-!" For four years the Arnolds tried more or less to pay, but never could, or never did completely: during which period Major von Schmettau had them up in his Court of Pommerzig,--manorial or feudal kind of Court; I think it is more or less his, though he does not sit there; and an Advocate, not of his appointing, though probably of his accepting, dispenses justice there. Schlecker is the Advocate's name; acquitted by all Official people of doing anything wrong. No appearance that the Herr Graf von Schmettau put hand to the balances of justice in this Court; with his eye, however, who knows but he might act on them more or less! And, at any rate, be suspected by distressed Arnolds, especially by a distressed Frau Arnold, of doing so. The Frau Arnold had a strong suspicion that way; and seems to have risen occasionally upon Schlecker, who did once order the poor woman to be locked up for contempt of Court: "Only two hours!" asseverates Schlecker afterwards; after which she came out cool and respectful to Court.
Not the least account survives of those procedures in Schlecker's Court; but by accident, after many readings, you light upon a little fact which does shed a transient ray over them. Namely, that already in 1775, four years before the Case became audible in Official circles, much more in general society, Frau Arnold had seized an opportunity, Majesty being at Crossen in those neighborhoods, and presented a Petition: "Oh, just King, appoint a MILITARY COMMISSION to investigate our business; impartial Officers will speedily find out the facts, and decide what is just!" [Preuss, iii. 382.] Which denotes an irritating experience in Schlecker's Court. Certain it is, Schlecker's Court did, in this tedious harassing way, decide against Frau Arnold in every point. "Pay Herr Graf von Schmettau, or else disappear; prosecute Von Gersdorf, if you like!" And, in fine, as the Arnolds could not pay up, nor see any daylight through prosecuting Baron von Gersdorf, the big gentleman in Kay,--Schlecker, after some five years of this, decreed Sale of the Mill:--and sold it was. In Zullichau, September 7th, 1778, there is Auction of the Mill; Herr Landeinnehmer (CESS-COLLECTOR) Kuppisch bought it; knocked down to him for the moderate sum of 600 thalers, or 90 pounds sterling, and the Arnolds are an ousted family. "September 7th,"--Potato-War just closing its sad Campaign; to-morrow, march for Trautenau, thirty horses to a gun.--
The Arnolds did make various attempts and appeals to the Neumark REGIERUNG (College of Judges); but it was without the least result. "Schlecker right in every point; Gersdorf right," answered the College: "go, will you!" A Mill forfeited by every Law, and fallen to the highest bidder. Cess-Collector Kuppisch, it was soon known, had sold his purchase to Von Gersdorf: "Hah!" said the rural public, smelling something bad. Certain it is, Von Gersdorf is become proprietor both of Pond and Mill; and it is not to the ruined Arnolds that Schlecker law can seem an admirable sample. And truly, reading over those barrow-loads of pleadings and RELATIONES, one has to admit that, taken as a reason for seeing oneself ruined, and one's Mill become the big gentleman's who fancies carp, they do seem considerably insufficient. The Law-Pleadings are duly voluminous. Barrow-loads of them, dreariest reading in Creation, remain; going into all manner of questions, proving, from Grotius and others, that landlords have rights upon private rivers, and another sort upon public ditto; that Von Gersdorf, by Law of 1566, had verily the right to put down his Fish-pond,--whether Schmettau the duty to indemnify Arnold for the same? that is not touched upon: nor, singular to say, is it anywhere made out, or attempted to be made out, How much of water Arnold lost by the Pond, much less what degree of real impediment, by loss of his own time, by loss of his customers (tired of such waiting on a mill), Arnold suffered by the Pond. This, which you would have thought the soul of the matter, is absolutely left out; altogether unsettled,--after, I think, four, or at least three, express Commissions had sat on it, at successive times, with the most esteemed hydraulic sages opining and examining;--and remains, like the part of Hamlet, omitted by particular desire. No wonder Frau Arnold begged for a Military Commission; that is to say, a decision from rational human creatures, instead of juridical wigs proceeding at this rate.
It was some time in 1775 that Rosine (what we reckoned a very elucidative point!) had given in her Petition to the King at Crossen, showing how ill Schlecker was using them. She now, "about Mayday, 1779," in a new Petition, referred to that, and again begged a Commission of Soldier-people to settle it. May 4th, 1779,--King not yet home, but coming, ["Arrived at Berlin May 27th" (Rodenbeck, iii. 201).]--King's Cabinet, on Order, "SENDS this to Justice-Department;" nothing SAID on it, the existence of the Petition sufficiently SAYING. Justice-Department thereupon demands the Law-Records, documentary Narrative of RES Arnold, from Custrin; finds all right: "Peace, ye Arnolds; what would you have?" [Preuss, iii. 382.]
Same year, 1779 (no express date), Grand-Chancellor von Furst, being at Custrin, officially examining the condition of Law-matters, Frau Arnold failed not to try there also with a Petition: "See, great Law-gentleman come to reform abuses, can that possibly be Law; or if so, is it not Injustice as well?" "Tush!" answered Furst;--for I believe Law-people, ever since this new stringency of Royal vigilance upon them, are plagued with such complaints from Dorfships and dark greedy Peasant people; "Tush!" and flung it promptly into his waste-basket.
Is there no hope at all, then? Arnold remembers that a Brother of his is a Prussian soldier; and that he has for Colonel, Prince Leopold of Brunswick, a Prince always kind to the poor. The Leopold Regiment lies at Frankfurt: try Prince Leopold by that channel. Prince Leopold listened;--the Soldier Arnold probably known to him as rational and respectable. Prince Leopold now likewise applies to Furst: "A defect, not of Law, Herr Kanzler, but of Equity, there does seem. Schmettau had a right to his rent; Von Gersdorf, by Deed of 1566, to his Pond: but the Arnolds had not water and have lost their Mill. Could not there," suggests Leopold, "be appointed, without noise of any kind, a Commission of neutral people, strangers to the Neumark, to search this matter to the actual root of it, and let Equity ensue?" To whom also Furst answers, though in a politer shape, "Tush, Durchlaucht! Every man to his trade!"
So that Prince Leopold himself, the King's own Nephew, proves futile? Some think Leopold did, this very Autumn, casually, or as if casually, mention the matter to the King,--whose mind is uneasily awake to all such cases, knowing what a buckram set his Lawyers are. "At the Reviews," as these people say, Leopold could not have done it; there being, this Year, no Reviews, merely return of King and Army from the Bavarian War. But during August, and on into September this Year, it is very evident, there was a Visit of the Brunswick Family at Potsdam, [Rodenbeck, iii. 206 et seq.] Leopold's Mamma and certain of his Brothers,--of which, Colonel Prince Leopold, though not expressly mentioned in the Books, may very possibly have been permitted, for a day or two, to form part, for Mamma's behoof and his own; and may have made his casual observation, at some well-chosen moment, with the effect intended. In which case, Leopold was by no means futile, but proved, after all, to be the saving clause for the Arnolds.
Gallant young fellow, one loves to believe it of him; and to add it to the one other fact now known of him, which was also beautiful, though tragic. Six years after, Spring, 1785, Oder River, swollen by rains, was in wild deluge; houses in the suburbs like to be washed away. Leopold, looking on it from the Bridge or shore, perhaps partly with an Official eye, saw the inhabitants of some houses like to be drowned; looked wildly for assistance, but found none; and did, himself, in uncontrollable pity, dash off in a little boat, through the wild-eddying surges; and got his own death there, himself drowned in struggling to save others. Which occasioned loud lamentation in the world; in his poor Mother's heart what unnamable voiceless lamentation! [Friedrich's Letter to her:
OEuvres de Frederic, xxvii. i. 351 ("12th May, 1785").] He had founded a Garrison School at Frankfurt; spared no expenditure of pains or of money. A man adored in Frankfurt. "His Brother Friedrich, in memory of him, presented, next year, the Uniform in which Leopold was drowned, to the Freemason Lodge of Berlin, of which he had been member." [
Militair-Lexikon, i. 24.] SUNT LACRYMAE RERUM.
But to return to the Arnolds, and have done with them: for we are now, by Leopold's help or otherwise, got to the last act of that tedious business.
August 21st, 1779 (these high Brunswickers still at Potsdam, if that had any influence), the Arnolds again make Petition to the King: "Alas, no justice yet, your Majesty!" "Shall we never see the end of this, then?" thinks the King: "some Soldier, with human eyes, let him, attended by one of their Law-wigs, go upon the ground; and search it!" And, next day, having taken Protocol of the Arnold Complaint, issues Cabinet-Order, or King's Message to the Custrin Law-wigs: "Colonel Heucking [whose regiment lies in Zullichau district, a punctual enough man], he shall be the Soldier; to whom do YOU adjoin what member of your Court you think the fittest: and let, at last, justice be done. And swift, if you please!"
The Custrin Regierung, without delay, name REGIERUNGS-RATH Neumann; who is swiftly ready, as is Colonel Heucking swiftly,--and they two set out together up the Pommerzig Brook, over that moor Country; investigating, pondering, hearing witnesses, and no doubt consulting, and diligently endeavoring to get to the bottom of this poor Arnold question. For how many September days, I know not: everybody knows, however, that they could not agree; in other words, that they saw TWO bottoms to it,--the Law gentleman one bottom, the Soldier another. "True bottom is already there," argued the Law gentleman: "confirm Decision of Court in every point." "No; Arnold has lost water, has suffered wrong," thinks Heucking; "that is the true bottom." And so they part, each with his own opinion. Neumann affirmed afterwards, that the Colonel came with a predetermination that way, and even that he said, once or oftener, in his eagerness to persuade: "His Majesty has got it into his thought; there will be nothing but trouble if you persist in that notion." To which virtuous Neumann was deaf. Neumann also says, The Colonel, acquainted with Austrian enemies, but not with Law, had brought with him his Regiment's-Auditor, one Bech, formerly a Law-practitioner in Crossen (readers know Crossen, and Ex-Dictator Wedell does),--Law-practitioner in Crossen; who had been in strife with the Custrin Regierung, under rebuke from them (too importunate for some of his pauper clients, belike); was a cunning fellow too, and had the said Regierung in ill-will. An adroit fellow Bech might be, or must have been; but his now office of Regiment's-Auditor is certificate of honesty,--good, at least, against Neumann.
Neumann's Court was silent about these Neumann surmises; but said afterwards, "Heucking had not gone to the bottom of the thing." This was in a subsequent report, some five or six weeks subsequent. Their present report they redacted to the effect, "All correct as it stood," without once mentioning Heucking. Gave it in, 27th September; by which time Heucking's also was in, and had made a strong impression on his Majesty. Presumably an honest, intelligible report; though, by ill-luck for the curious, it is now lost; among the barrow-loads of vague wigged stuff, this one Piece, probably human, is not to be discovered.
Friedrich's indignation at the Custrin report, "Perfectly correct as it stood," and no mention of Heucking or his dissent, was considerable: already, 27th September,--that is, on the very day while those Custrin people were signing their provoking report,--Friedrich, confident in Heucking, had transmitted to his Supreme Board of Justice (KAMMERGERICHT) the impartial Heucking's account of the affair, with order, "See there, an impartial human account, clear and circumstantial (DEUTLICHES UND GANZ UMSTANDLICHES), going down to the true roots of the business: swift, get me justice for these Arnolds!" [Preuss, iii. 480.] Scarcely was this gone, when, September 29th, the Custrin impertinence, "Perfectly right as it stood," came to hand; kindling the King into hot provocation; "extreme displeasure, AUSSERSTES MISFALLEN," as his Answer bore: "Rectify me all that straightway, and relieve these Arnolds of their injuries!" You Pettifogging Pedant Knaves, bring that Arnold matter to order, will you; you had better!--
The Custrin Knaves, with what feelings I know not, proceed accordingly; appoint a new Commission, one or more Lawyers in it, and at least one Hydraulic Gentleman in it, Schade the name of him; who are to go upon the ground, hear witnesses and the like. Who went accordingly; and managed, not too fast, Hydraulic Schade rather disagreeing from the Legal Gentlemen, to produce a Report, reported UPON by the Custrin Court, 28th October: "That there is one error found: 6 pounds 12s. as value of corn LEFT, clearly Arnold's that, when his Mill was sold; that, with this improvement, all is NOW correct to the uttermost; and that Heucking had not investigated things to the bottom." By some accident, this Report did not come at once to Friedrich, or had escaped his attention; so that--
November 21st, matters hanging fire in this way, Frau Arnold applies again, by Petition to his Majesty; upon which is new Royal Order, [Ib. iii. 490.] far more patient than might have been expected: "In God's name, rectify me that Arnold matter, and let us at last see the end of it!" To which the Custriners answer: "All is rectified, your Majesty. Frau Arnold, in her Petition, has not mentioned that she gained 6 pounds 12s.;"--important item that; 6 pounds 12s. for CORN left (clearly Arnold's that, when his Mill was sold)! "Our sentence we cannot alter; a Court's sentence is alterable only by appeal; your Majesty decides where the appeal is to lie!" Friedrich's patience is now wearing out; but he does not yet give way: "Berlin Kammergericht be your Appeal Court," decides he, 28th November: and will admit of no delay on the Kammergericht's part either. "Papers all at Custrin, say you? Send for them by express; they will come in one day: be swift, I say!"
Chancellor Furst is not a willing horse in this case; but he is obliged to go. December 7th, Kammergericht sits on the Arnold Appeal; Kammergericht's view is: "Custrin papers all here, not the least delay permitted; you, Judge Rannsleben, take these Papers to you; down upon them: let us, if humanly possible, have a Report by to-morrow." Rannsleben takes the Papers in hand December 7th; works upon them all day, and all night following, at a rate of energy memorable among Legal gentlemen; and December 8th attends with lucid Report upon them, or couple of Reports; one on Arnold VERSUS Schmettau, in six folios; one on Arnold VERSUS Gersdorf, in two ditto; draws these two Documents from his pocket December 8th; reads them in assembled Court (six of the Judges present) [Preuss, iii. 496.],--which, with marked thankfulness to the swift Rannsleben, at once adopts his Report, and pronounces upon the Custrin Raths, "Right in every particular." Witness our hands: every one affixing his signature, as to a matter happily got done with.
It was Friday, 10th December, 1779, before Friedrich got this fine bit of news; Saturday 11th, before he authentically saw their Sentence. He is lying miserably ill of gout in the Schloss of Berlin; and I suppose, since his Father, of blessed memory, took cudgel to certain Judges and knocked out teeth from them, and broke the judicial crowns, nobody in that Schloss has been in such humor against men of Law. "Attend me here at 2 P.M. with the Three Raths who signed in Arnold's Case:" Saturday, about 11 A.M., Chancellor Furst receives this command; gets Rannsleben, and two others, Friedel, Graun,--and there occurred such a scene--But it will be better to let Rannsleben himself tell the story; who has left an AUTOBIOGRAPHY, punctually correct, to all appearance, but except this alone notable passage of it, still unpublished, and like to continue so:--
"BERLIN, TUESDAY, 7th DECEMBER, 1779," says Rannsleben (let him tell it again in his own words), "the ACTA, which had arrived from Custrin IN RE Miller Arnold and his Wife VERSUS Landrath von Gersdorf, as also those, in the same matter, VERSUS Count von Schmettau, were assigned to me, to be reported on QUAM PRIMUM;--our President von Rebeur," President of the Supreme KAMMERGERICHT (King's-Chamber Tribunal, say Exchequer High Court, or COLLEGIUM), whereof I have the honor to be one of the Seven Judges, or RATHS,--"our President von Rebeur enjoining me to make such utmost despatch that my Report on both these sets of Papers might be read to the assembled Court next day; whereby said Court might then and there be enabled to pronounce judgment on the same, I at once set to work; went on with it all night; and on the morrow I brought both my Reports (RELATIONES),"--one referring to the Gersdorf, the other to the Schmettau part of the suit,--"one of six sheets, the other of two sheets, to the Kammergericht; where both RELATIONES were read. There were present, besides me, the following six members of the COLLEGIUM: President von Rebeur, Raths Uhl, Friedel, Kircheisen, Graun, Gassler.
"Appellant," as we all know, "was Miller Arnold; and along with the ACTA were various severe Cabinet-Orders, in which the King, who had taken quite particular notice of the Case, positively enjoined, That Miller Arnold should have justice done him. The King had not, however, given formally any authoritative Decision of his own (KEINEN EIGENTLICHEN MACHTSPRUCH GETHAN)," which might have given us pause, though not full-stop by any means: "but, in his Order to the Kammergericht, had merely said, we were to decide with the utmost despatch, and then at once inform his Majesty how." With the speed of light or of thought, Rannsleben hardly done reading, this Kammergericht decided,--it is well known how: "In the King's name; right in every particular, you Custrin Gentlemen;--which be so good as publish to parties concerned!"
Report of Kammergericht's Judgment to this effect, for behoof of Custrin, was at once got under way; and Kammergericht, in regard to his Majesty, agreed merely to announce the fact in that quarter: "Judgment arrived at, please your Majesty;--Judgment already under way for Custrin:"--you, Rannsleben, without saying what the Judgment is, you again write for us. And Rannsleben does so; writes the above little Message to his Majesty, "which got to the King's hand, Friday, December 10th. And the same day," continues Rannsleben, "the King despatched a very severe Cabinet-Order to Minister von Dornberg,"--head of the Department to which the Kammergericht belongs,--"demanding a Copy of the Judgment. Which order was at once obeyed.
"Hereupon, on Saturday, about 11 A.M., there came to Grand-Chancellor von Furst," sublime head of us and of all Lawyers, "a Cabinet-Order, 'Appear before me here, this day, at 2 o'clock; and bring with you your Three Kammergericht Raths who drew up (MINUTIRT) the Judgment in the Arnold Case.'" Message bodeful to Furst and the three Raths.
"NOTA," says Rannsleben here, "the King is under the impression that, in judging a Case, Three Raths are always employed, and therefore demands Three of us. But, properly, all the above-named Six MEMBRA COLLEGII, besides myself, ought to have gone to the Palace, or else I alone." On some points an ill-informed King. Rannsleben continues:--
"President von Rebeur came to me in his carriage, at a quarter to 12; told me of the King's Order; and said, as the King demanded only Three Raths, there was nothing for it but to name me and Raths Friedel and Kircheisen, my usual partners in Judgment business. Finding, however, on looking into the Sentence itself, that Kircheisen was not amongst the signers of it, he [Rebeur] named, instead of him, Rath Graun, who was. For the Herr President apprehended the King might demand to see our Sentence IN ORIGINALI, and would then be angry that a person had been sent to him who had not signed the same. President von Rebeur instructed me farther, That I, as Reporter in the Case, was to be spokesman at the Palace; and should explain to his Majesty the reasons which had weighed with the Kammergericht in coming to such decision.
"To my dear Wife I," as beseemed a good husband, "said nothing of all this; confiding it only to my Father-in-law, who tried to cheer me. Nor, indeed, did I feel any fear within me, being persuaded in my conscience that, in this decision of the Arnold Case, I had proceeded according to the best of my knowledge and conviction.
"At 1 o'clock I drove to the Grand-Chancellor's, where I found the Raths Friedel and Graun already arrived. The Chancellor," old Furst, "instructed us as to what we had to do when we came before the King. And then, towards 2 o'clock, he took us in his carriage to the Palace. We entered the room immediately at the end of the Great Hall. Here we found a heyduc [tall porter], by whom the Chancellor announced to the King that we were here. Heyduc soon came back to inquire, Whether the CABINETS-RATH Stellter," a Secretary or Short-hand writer of his Majesty's, "had arrived yet; and whether we [WE, what a doubt!] were Privy Councillors. We were then shortly after shown in to the King. We passed through three rooms, the second of which was that in which stands the CONFIDENZ TAFEL [Table that goes by pulleys through the floor, and comes up refurnished, when you wish to be specially private with your friends]. In the fourth, a small room with one window, was the King. The Chancellor walked first; I followed him close; behind me came the Rath Friedel, and then Graun. Some way within, opposite the door, stood a screen; with our backs to this," the Kingward side of this, "we ranged ourselves,"--in respectful row of Four, Furst at the inward end of us (right or left is no matter). "The King sat in the middle of the room, so that he could look point-blank at us; he sat with his back to the chimney, in which there was a fire burning. He had on a worn hat, of the clerical shape [old-military in fact, not a shovel at all]; CASSAQUIN," short dressing-gown, "of red-brown (MORDORE) velvet; black breeches, and boots which came quite up over the knee. His hair was not dressed. Three little benchlets or stools, covered with green cloth, stood before him, on which he had his feet lying [terribly ill of gout]. In his lap he had a sort of muff, with one of his hands in it, which seemed to be giving him great pain. In the other hand he held our Sentence on the Arnold Case. He lay reclining (LAG) in an easy-chair; at his left stood a table, with various papers on it,--and two gold snuffboxes, richly set with brilliants, from which he kept taking snuff now and then.
"Besides us, there was present in the room the Cabinets-Rath Stellter [of the short-hand], who stood at a desk, and was getting ready for writing. The King looked at us, saying, 'Come nearer!' Whereupon we advanced another step, and were now within less than two steps of him. He addressed himself to us three Raths, taking no notice at all of the Grand-Chancellor:--
KING. "'Is it you who drew up the judgment in the Arnold case?'
WE (especially I, with a bow). "'Yea.'
"The King then turned to the Rath Friedel [to Friedel, as the central figure of the Three, perhaps as the portliest, though poor Friedel, except signing, had little cognizance of the thing, in which not he but Rannsleben was to have been spokesman], and addressed to Friedel those questions, of which, with their answers, there is Protocol published, under Royal authority, in the Berlin newspapers of December 14th, 1779;" [VON SEINER KONIGLICHEN MAJESTAT HOCHSTSELBAT ANGEHALTENES PROTOCOLL: "Protocol [Minute of Proceedings] held by Royal Majesty's Highest-self, on the 11th December, 1779, concerning the three Kammergerichts-Raths, Friedel, Graun and Rannsleben:" in PREUSS, iii. 495.] Shorthand Stellter taking down what was said,--quite accurately, testifies Rannsleben. From Stellter (that is to say from the "Protocol" just mentioned), or from Stellter and Rannsleben together, we continue the Dialogue:--
KING to Friedel [in the tone of a Rhadamanthus suffering from gout]. "'To give sentence against a Peasant from whom you have taken wagon, plough and everything that enables him to get his living, and to pay his rent and taxes: is that a thing that can be done?'
FRIEDEL (and the two Mutes, bowing). "'No.'
KING. "'May a Miller who has no water, and consequently cannot grind, and, therefore, not earn anything, have his mill taken from him, on account of his not having paid his rent: is that just?'
FRIEDEL (and Mutes as aforesaid). "'No.'
KING. "'But here now is a Nobleman, wishing to make a Fish-pond: to get more water for his Pond, he has a ditch dug, to draw into it the water from a small stream which drives a water-mill. Thereby the Miller loses his water, and cannot grind; or, at most, can only grind in the spring for the space of a fortnight, and late in the autumn, perhaps another fortnight. Yet, in spite of all this, it is pretended that the Miller shall pay his rent quite the same as at the time when he had full water for his mill. Of course, he cannot pay his rent; his incomings are gone! And what does the Custrin Court of Justice do? It orders the mill to be sold, that the Nobleman may have his rent. And the Berlin Tribunal'"--Chancellor Furst, standing painfully mute, unspoken to, unnoticed hitherto, more like a broomstick than a Chancellor, ventures to strike in with a syllable of emendation, a small correction, of these words "Berlin Tribunal"--
FURST (suggestively). "'Kammergericht [mildly suggestive, and perhaps with something in his tone which means, "I am not a broomstick!"]: Kammergericht!'
KING (to short-hand Stellter). "'Kammergerichts-Tribunal:--[then to Furst] Go you, Sir, about your business, on the instant! Your Successor is appointed; with you I have nothing more to do. Disappear!'"--"Ordered," says Official Rannsleben, "ordered the Grand-Chancellor, in very severe terms, To be gone! telling him that his Successor was already appointed. Which order Herr von Furst, without saying a word, hastily obeyed, passing in front of us three, with the utmost speed." In front,--screen, I suppose, not having room behind it,--and altogether vanishes from Friedrich's History; all but some GHOST of him (so we may term it), which reappears for an instant once, as will be noticed.
KING (continues to Friedel, not in a lower tone probably):--"'the Kammergerichts-Tribunal confirms the same. That is highly unjust; and such Sentence is altogether contrary to his Majesty's landsfatherly intentions:--my name [you give it, "In the King's Name," forsooth] cruelly abused!'"
So far is set forth in the "Royal Protocol printed next Tuesday," as well as in Rannsleben. But from this point, the Dialogue--if it can be called Dialogue, being merely a rebuke and expectoration of Royal wrath against Friedel and his Two, who are all mute, so far as I can learn, and stand like criminals in the dock, feeling themselves unjustly condemned--gets more and more into conflagration, and cannot be distinctly reported. "MY name to such a thing! When was I found to oppress a poor man for love of a rich? To follow wiggeries and forms with solemn attention, careless what became of the internal fact? Act of 1566, allowing Gersdorf to make his Pond? Like enough;--and Arnold's loss of water, that is not worth the ascertaining; you know not yet what it was, some of you even say it was nothing; care not whether it was anything. Could Arnold grind, or not, as formerly? What is Act of 1566, or any or all Acts, in comparison? Wretched mortals, had you wigs a fathom long, and Law-books on your back, and Acts of 1566 by the hundredweight, what could it help, if the right of a poor man were left by you trampled under foot? What is the meaning of your sitting there as Judges? Dispensers of Right in God's Name and mine? I will make an example of you which shall be remembered!--Out of my sight!" Whereupon EXEUNT in haste, all Three,--though not far, not home, as will be seen.
Only the essential sense of all this, not the exact terms, could (or should) any Stellter take in short-hand; and in the Protocol it is decorously omitted altogether. Rannsleben merely says: "The King farther made use of very strong expressions against us,"--too strong to be repeated,--"and, at last, dismissed us without saying what he intended to do with us. We had hardly left the room, when he followed us, ordering us to wait. The King, during the interview with us, held the Sentence, of my composition, in his hand; and seemed particularly irritated about the circumstance of the judgment being pronounced in his name, as is the usual form. He struck the paper again and again with his other hand,"--heat of indignation quite extinguishing gout, for the moment,--"exclaiming at the same time repeatedly, 'Cruelly abused my name (MEINEN NAMEN CRUEL MISSBRAUCHT)!'" [Preuss, iii. 495-498.]--We will now give the remaining part of the Protocol (what directly follows the above CATECHETICAL or DIALOGUE part before that caught fire),--as taken down by Stellter, and read in all the Newspapers next Tuesday:-- _