History of Friedrich II of Prussia V 21
by
Thomas Carlyle

Part 5 out of 7



1778-March, 1779); and filled all Europe round him and it, in an
extraordinary manner. Something; by no means much, now that we have
seen the issue of such mountains all in travail. Nobody could then
say but it bade fair to become a Fourth Austrian-Prussian War, as
sanguinary as the Seven-Years had been; for in effect there stood
once more the Two Nations ranked against each other, as if for
mortal duel, near half a million men in whole; parleying indeed,
but brandishing their swords, and ever and anon giving mutual clash
of fence, as if the work had begun, though there always intervened
new parleying first.

And now everybody sees that the work never did begin;
that parleying, enforced by brandishing, turned out to be all the
work there was: and everybody has forgotten it, and, except for
specific purposes, demands not to be put in mind of it.
Mountains in labor were not so frequent then as now, when the Penny
Newspaper has got charge of them; though then as now to practical
people they were a nuisance. Mountains all in terrific travail-
throes, threatening to overset the solar system, have always a
charm, especially for the more foolish classes: but when once the
birth has taken place, and the wretched mouse ducks past you, or
even nothing at all can be seen to duck past, who is there but
impatiently turns on his heel?

Those Territories, which adjoin on its own dominions, would have
been extremely commodious to Austria;--as Austria itself has long
known; and by repeatedly attempting them on any chance given (as in
1741-1745, to go no farther back), has shown how well it knows.
Indeed, the whole of Bavaria fairly incorporated and made Austrian,
what an infinite convenience would it be!

"Do but look on the Map [this Note is not by Busching, but by
somebody of Austrian tendencies]: you would say, Austria without
Bavaria is like a Human Figure with its belly belonging to somebody
else. Bavaria is the trunk or belly of the Austrian Dominions,
shutting off all the limbs of them each from the other; making for
central part a huge chasm.

"Ober-Pfalz,--which used to be Kur-Pfalz's, which is Bavaria's
since we took it from the Winter-King and bestowed it in that way,
--Ober-Pfalz, the country of Amberg, where Maillebois once pleased
to make invasion of us;--does not it adjoin on the Bohemian Forest?
The RIBS there, Bohemian all, up to the shoulder, are ours: but the
shoulder-blade and left arm, whose are they! Austria Proper and
Hungary, these may be taken as sitting-part and lower limbs, ample
and fleshy; but see, just above the pelvis, on the south side, how
Bavaria and its Tyrol sticks itself in upon Austria, who fancied
she also had a Tyrol, and far the more important one. Our Tyrol,
our Styria, Carniola, Carinthia,--Bavaria blocks these in. Then the
Swabian Austria,--Breisach, and those Upper-Rhine Countries, from
which we invade France,--we cannot reach them except through
Bavarian ground. Swabian Austria should be our right arm, fingers
of it reaching into Switzerland; Ober-Pfalz our left:--and as to
the broad breast between these two; left arm and broad breast are
Bavaria's, not ours. Of the Netherlands, which might be called
geographically the head of Austria, alas, the long neck, Lorraine,
was once ours; but whose is it? Irrecoverable for the present,--
perhaps may not always be so!"

These are Kaunitz's ideas; and the young Kaiser has eagerly adopted
them as the loadstar of his life. "Make the Reich a reality again,"
thinks the Kaiser (good, if only possible, think we too);
"make Austria great; Austria is the Reich, how else can the Reich
be real?"

In practical politics these are rather wild ideas; but they are
really Kaunitz's and his Kaiser's; and were persisted in long after
this Bavarian matter got its check: and as a whole, they got
repeated checks; being impossible all, and far from the meaning of
a Time big with French Revolution, and with quite other things than
world-greatness to Austria, and rejuvenescence on such or on any
terms to the poor old Holy Roman Reich, which had been a wiggery so
long. Nobody could guess of what it was that France or the world
might be with child: nobody, till the birth in 1789, and even for a
generation afterwards. France is weakly and unwieldy, has strange
enough longings for chalky, inky, visionary, foolish substances,
and may be in the family-way for aught we know.

To Kaunitz it is pretty clear that France will not stand in his
path in this fine little Bavarian business; which is all he cares
for at present. England in war with its Colonies; Russia attentive
to its Turk; foreign Nations, what can they do but talk;
remonstrate more or less, as they did in the case of Poland;
and permit the thing with protest? Only from one Sovereign Person,
and from him I should guess not much, does Kaunitz expect serious
opposition: from Friedrich of Prussia; to whom no enlargement of
Austria can be matter of indifference. "But cannot we perhaps make
it worth his while?" thinks Kaunitz: "Tush, he is old and broken;
thought to be dying; has an absolute horror of war. He too will sit
quiet; or we must make it worth his while." In this calculation
Kaunitz deceived himself; we are now shortly to see how.

Kaunitz's Case, when he brings it before the Reich, and general
Public of mankind and its Gazetteers, will by no means prove to be
a strong one. His Law "TITLE" is this:--

"Archduke Albert V., of Austria, subsequently Kaiser Albert II.,
had married Elizabeth, only Daughter of Kaiser Sigismund SUPER-
GRAMMATICAM: Albert is he who got three crowns in one year,
Hungary, Bohemia, Romish Reich; and 'we hope a fourth,' say the Old
Historians, 'which was a heavenly and eternal one,'--died, in short
(1439, age forty). From him come the now Kaisers.

"In 1426, thirteen years before this event of the Crowns, Sigismund
GRAMMATICAM had infeoffed him in a thing still of shadowy nature,--
the Expectancy of a Straubingen Princedom; pleasant extensive
District, only not yet fallen, or like falling vacant: 'You shall
inherit, you and yours (who are also my own), so soon as this
present line of Wittelsbachers die!' said Kaiser Sigismund,
solemnly, in two solemn sheepskins. 'Not a whit of it,' would the
Wittelsbachers have answered, had they known of the affair.
'When we die out, there is another Line of Wittelsbachers, plenty
of other lines; and House-treaties many and old, settling all that,
without help of you and Albert of the Three Crowns!'
And accordingly there had never come the least fruit, or attempt at
fruit, from these two Sigismund Sheepskins; which were still lying
in the Vienna Archives, where they had lain since the creation of
them, known to an Antiquary or two, but not even by them thought
worthy of mention in this busy world. This was literally all the
claim that Austria had; and every by-stander admitted it to be, in
itself, not worth a rush."

"In itself perhaps not," thought Kaunitz; "but the free consent of
Karl Theodor the Heir, will not that be a Title in full? One would
hope so; in the present state of Europe: France, England, Russia,
every Nation weltering overhead in its own troubles and affairs,
little at leisure for ours!" And it is with Karl Theodor, to make
out a full Title for himself there, that Kaunitz has been secretly
busy this long time back, especially in the late critical days of
poor Kurfurst Max.

Karl Theodor of the Pfalz, now fallen Heir to Baiern, is a poor
idle creature, of purely egoistic, ornamental, dilettante nature;
sunk in theatricals, bastard children and the like; much praised by
Voltaire, who sometimes used to visit him; and by Collini, to whom
he is a kind master. Karl Theodor cares little for the integrity of
Baiern, much for that of his own skin. Very long ago, in 1742, in
poor Kaiser Karl's Coronation time, we saw him wedded, him and
another, to two fair Sister Sulzbach Princesses, [Supra, viii.
119.] Grand-daughters of old Karl Philip, the then Kur-Pfalz, whom
he has inherited. It was the last act of that never-resting old
Karl Philip, of whom we used to hear so much: "Karl Theodor to have
one of my inestimable Grand-daughters; Duke Clement, younger
Brother of our blessed new Kaiser, to have another; thereby we
unite the kindred branches of the Pfalz-Baiern Families, and make
the assurance of the Heritages doubly sure!" said old Karl Philip;
and died happy, or the happiest he could.

Readers no doubt have forgotten this circumstance; and, in their
total lack of interest in Karl Theodor and his paltry affairs, may
as well be reminded of it;--and furthermore, that these brilliant
young Wives, "Duchess Clement" especially, called on Wilhelmina
during the Frankfurt Gayeties, and were a charm to Kaiser Karl
Albert, striving to look forward across clouds into a glittering
future for his House. Theodor's Princess brought him no children;
she and her Sister are both still living; a lone woman the latter
(Duke Clement dead these seven years),--a still more lone the
former, with such a Husband yet living! Lone women both, well
forward in the fifties; active souls, I should guess, at least to
judge by Duchess Clement, who being a Dowager, and mistress of her
movements, is emphatic in denouncing such disaster and disgrace;
and plays a great part, at Munchen, in the agitating scenes now on
hand. Comes out "like a noble Amazon," say the admiring by-
standers, on this occasion; stirs whatever faculty she has,
especially her tongue; and goes on urging, pushing and contriving
all she can, regardless of risks in such an imminency.

Karl Theodor finds his Heritages indisputable; but he has no
Legitimate Son to leave them to; and has many Illegitimate, whom
Austria can provide for,--and richly will. His Heir is a Nephew,
Karl August Christian, of Zweibruck; whom perhaps it would not be
painful to him to disappoint a little of his high expectations.
On the whole, Peace; plentiful provision, titular and other, for
his Illegitimates; and a comfortable sum of ready money over, to
enliven the Theatricals, Dusseldorf Picture-Galleries and
Dilettante operations and Collections,--how much welcomer to
Theodor than a Baiern never so religiously saved entire at the
expense of quarrel, which cannot but be tedious, troublesome and
dangerous! Honor, indeed--but what, to an old stager in the
dilettante line, is honor? Old stagers there are who will own to
you, like Balzac's Englishman in a case of conflagration, when
honor called on all men to take their buckets, "MAIS JE N'AI POINT
D'HONNEUR!" To whom, unluckily, you cannot answer as in that case,
"C'EST EGAL, 'T is all one; do as if you had some!" Karl Theodor
scandalously left Baiern to its fate.

Karl Theodor's Heir, poor August Christian of Zweibruck, had of
course his own gloomy thoughts on this parcelling of his Bavarian
reversion: but what power has he? None, he thinks, but to take the
inevitable patiently. Nor generally in the Princes of the Reich,
though one would have thought them personally concerned, were it
only for danger of a like mistreatment, was there any emotion
publicly expressed, or the least hope of help. "Perhaps Prussia
will quarrel about it?" think they: "Austria, Prussia, in any of
their quarrels we get only crushed; better to keep out of it.
We well out of it, the more they quarrel and fight, the better for
us!" England, in the shape of Hanover, would perhaps have made some
effort to interfere, provided France did: on either side, I incline
to think,--that is to say, on the side opposite to France. But poor
England is engaged with its melancholy American War; France on the
point of breaking out into Alliance with the Insurrection there.
Neither France nor England did interfere. France is sinking into
bankruptcy; intent to have a Navy before most things; to assist the
Cause of Human Liberty over seas withal, and become a sublime
spectacle, and a ruin to England,--not as in the Pitt-Choiseul
time, but by that improved method. Russia, again involved in Turk
business, looks on, with now and then a big word thrown out on the
one side and the other.--Munchen, in the interval, we can fancy
what an agitated City! One Note says:--

"Kurfurst Max Joseph being dead (30th December, 1777), Privy
Councillor Johann Euchar von Obermayr, favorite and factotum
Minister of the Deceased, opened the Chatoulle [Princely Safe, or
Case of Preciosities]; took from it the Act, which already lay
prepared, for Homaging and solemn Instalment of Karl Theodor
Kur-Pfalz, as heir of Baiern; with immediate intent to execute the
same. Euchar orders strict closure of the Town-gates; the Soldiery
to draw out, and beset all streets,--especially that street where
Imperial Majesty's Ambassador lives: 'Rank close with your backs to
that House,' orders Euchar; 'and the instant anybody stirs to come
out, sound your drums, and, at the same instant, let the rearmost
rank of you, without looking round [for one would not give offence,
unless imperative] smite the butts of their muskets to the ground'
(ready for firing, IF imperative). Nobody, I think, stirred out
from that Austrian Excellency's House; in any case, Obermayr
completed his Act without the least protest or trouble from
anybody; and Karl Theodor, almost to his terror [for he meant to
sell, and satisfy Austria, by no means to resist or fight, the paltry old creature, careful of self and skin only], saw himself solemnly secured by all forms of law in all the Lands of the Deceased. [Fischer, Geschichte Friedrichs des Zweiten (Halle, 1787), ii. 358.]

"Kaiser Joseph, in a fume at this, shot off an express to Bohemia: 'Such and such regiments, ten or twelve of you, with your artillery and tools, march instantly into Straubingen, and occupy that Town and District.' At Vienna, to the Karl-Theodor Ambassador, the Kaunitz Officials were altogether loud-voiced, minatory: 'What is this, Herr Excellenz? Bargain already made; lying ready for mere signature; and at Munchen such doings. Sign this Bargain, or there cross your frontier 60,000 Austrian men, and seize both Baiern and the Ober-Pfalz; bethink you, Herr!' The poor Herr bethought him, what could he do? signed the Bargain, Karl Theodor sanctioning, 3d January, 1778,--the fourth day after Obermayr's Homaging feat;--and completes the first act of this bad business. The Bargain, on Theodor's side, was of the most liberal kind: All and sundry the Lands and Circles of Duke Johann of Straubingen, Lordship of Mindelheim [Marlborough's old Place] superadded, and I know not what else; Sovereignty of the Fiefs in Ober-Pfalz to lapse to the Crown of Bohmen on my decease." Half Bavaria, or better;
some reckon it as good as two-thirds.

The figure of Duchess Clement, Amazon in hair-powder, driviug incessantly about among the officialities and aristocratic circles; this and the order of "Rattle your muskets on the ground;"
let these two features represent to us the Munchen of those months. Munchen, Regensburg, Vienna are loud with pleading, protocolling; but it is not there that the crisis of the game will be found
to lie.

Friedrich has, for some time back, especially since the late Kur-
Baiern's illness, understood that Austria, always eager for a clutch at Baiern, had something of that kind in view; but his first positive news of it was a Letter from Duchess Clement (date, JANUARY 3d), which, by the detail of facts, unveiled to his quick eye the true outline, extent and nature of this Enterprise of Austria's; Enterprise which, he could not but agree with Duchess Clement, was one of great concernment not to Baiern alone.
"Must be withstood; prevented, at whatever risk," thought Friedrich on the instant: "The new Elector, Karl Theodor, he probably is dead to the matter; but one ought to ask him. If he answer, Dead;
then ask his Heir, Have you no life to it?" Heir is a gallant enough young gentleman, of endless pedigree, but small possessions, "Karl August Christian [Karl II. in Official style], Duke of Zweibruck-Birkenfeld," Karl Theodor's eldest Nephew;
Friedrich judges that he probably will have haggled to sign any Austrian convention for dismembering Baiern, and that he will start into life upon it so soon as he sees hope.

"A messenger to him, to Karl Theodor and him," thinks Friedrich:
"a messenger instantly; and who?" For that clearly is the first thing. And a delicate thing it is; requiring to be done in profoundest secrecy, by hint and innuendo rather than speech;
by somebody in a cloak of darkness, who is of adroit quality, and was never heard of in diplomatic circles before, not to be suspected of having business of mine on hand. Friedrich bethinks him that in a late visit to Weimar, he had noticed, for his fine qualities, a young gentleman named Gortz; Eustace von Gortz, [Preuss, iv. 92 n. &c.] late Tutor to the young Duke (Karl August, whom readers know as Goethe's friend): a wise, firm, adroit-looking young gentleman; who was farther interesting as Brother to Lieutenant-General von Gortz, a respectable soldier of Friedrich's. Ex-Tutor at Weimar, we say, and idle for the moment; hanging about Court there, till he should find a new function.

Of this Ex-Tutor Friedrich bethinks him; and in the course of that same day,--for there is no delay,--Friedrich, who is at Berlin, beckons General Gortz to come over to him from Potsdam instantly. "Hither this evening; and in all privacy meet me in the Palace at such an hour" (hour of midnight or thereby); which of course Gortz, duly invisible to mankind, does. Friedrich explains: An errand to
Munchen; perfectly secret, for the moment, and requiring great
delicacy and address; perhaps not without risk, a timorous man
might say: will your Brother go for me, think you? Gortz thinks he
will. "Here is his Instruction, if so," adds the King, handing him
an Autograph of the necessary outline of procedure,--not signed,
nor with any credential, or even specific address, lest accident
happen. "Adieu then, Herr General-Lieutenant; rule is, shoes of
swiftness, cloak of darkness: adieu!" And Gortz Senior is off on
the instant, careering towards Weimar, where he finds Gortz Junior,
and makes known his errand. Gortz Junior stares in the natural
astonishment; but, after some intense brief deliberation, becomes
affirmative, and in a minimum of time is ready and on the road.

Gortz Junior proved to have been an excellent choice on the King's
part; and came to good promotion afterwards by his conduct in this
affair. Gortz Junior started for Munchen on the instant, masked
utterly, or his business masked, from profane eyes; saw this
person, saw that, and glided swiftly about, swiftly and with sure
aim; and speedily kindled the matter, and had smoke rising in
various points. And before January was out, saw the Reichs-Diet at
Regensburg, much more the general Gazetteerage everywhere, seized
of this affair, and thrown into paroxysms at the size and
complexion of it: saw, in fact, a world getting into flame,--
kindled by whom or what nobody could guess, for a long time to
come. Gortz had great running about in his cloak of darkness, and
showed abundant talent of the kind needed. A pushing, clear-eyed,
stout-hearted man; much cleverness and sureness in what he did and
forbore to do. His adventures were manifold; he had much travelling
about: was at Regensburg, at Mannheim; saw many persons whom he had
to judge of on the instant, and speak frankly to, or speak darkly,
or speak nothing; and he made no mistake. One of his best
counsellors, I gather, was Duchess Clement: of course it was not
long till Duchess Clement heard some inkling of him; till, in some
of his goings and comings, he saw Duchess Clement, who hailed him
as an angel of light. In one journey more mysterious than ever, "he
was three days invisible in Duchess Clement's Garden-house."
"AH, MADAME, QUE N'ETIEZ-VOUS ELECTEUR, Why were not you Elector!"
writes Friedrich to her once: "We should not have seen those
shameful events, which every good German must blush for, to the
bottom of his heart (DONT TOUT BON ALLEMAND DOIT ROUGIR JUSQU'AU
FOND DU COEUR)!" [Preuss, iv. 94.]

We cannot afford the least narrative of Gortz and his courses:
imagination, from a few traits, will sufficiently conceive them.
He had gone first to Karl Theodor's Minister: "Dead to it, I fear;
has already signed?" Alas, yes. Upon which to Zweibruck the Heir's
Minister; whom his Master had distinctly ordered to sign, but who,
at his own peril, gallant man, delayed, remonstrated, had not yet
done it; and was able to answer: "Alive to it, he? Yes, with a
witness, were there hope in the world!"--which threw Gortz upon
instant gallop towards Zweibruck Schloss, in search of said Heir,
the young Duke August Christian; who, however, had left in the
interim (summoned by his Uncle, on Austrian urgency, to consent
along with him); but whom Gortz, by dexterity and intuition of
symptoms, caught up by the road, with what a mutual joy! As had
been expected, August Christian, on sight of Gortz, with an armed
Friedrich looming in the distance, took at once into new courses
and activities. From him, no consent now; far other: Treaty with
Friedrich; flat refusal ever to consent: application to the Reich,
application even to France, and whatever a gallant young fellow
could do.

It was by Friedrich's order that he applied to France; his younger
Brother, Max Joseph, was a soldier there, and strove to back him in
Official and other circles,--who were all friendly, even zealous
for him; and gave good words, but had nothing more. This French
department of the business was long a delay to Friedrich's
operations: and in result, poor Max's industry there, do what he
could, proved rather a minus quantity than otherwise. A good young
man, they say; but not the man to kindle into action horses that
are dead,--of which he had experience more than once in time
coming. He is the same that, 30 years after, having survived his
childless elder Brother, became King Max, first King of Baiern;
begot Ludwig, second King,--who, for his part, has begotten Otho
King of Greece, and done other feats still less worth mentioning.
August Christian's behavior is praised as excellent,--passively
firm and polite; the grand requisite, persistence on your ground of
"No:"--but his luck, to find such a Friedrich, and also to find
such a Gortz, was the saving clause for him.

Friedrich was in very weak health in these months; still considered
by the Gazetteers to be dying. But it appears he is not yet too
weak for taking, on the instant necessary, a world-important
resolution; and of being on the road with it, to this issue or to
that, at full speed before the day closed. "Desist, good neighbor,
I beseech you. You must desist, and even you shall:" this
resolution was entirely his own; as were the equally prompt
arrangements he contrived for executing it, should hard come to
hard, and Austria prefer war to doing justice. "Excellent methods,"
say the most unfriendly judges, "which must at once have throttled
Austria into compliance, had he been as prompt in executing them;
--which he by no means was. And there lies his error and failure;
very lamentable, excusable only by decrepitude of body producing
weakness and decay of mind." This is emphatically and wearisomely
Schmettau's opinion, [F. W. C. Graf van Schmettau (this is the
ELDER Schmettau's Son, not the DRESDENER'S whom we used to quote),
FELDZUG DER PREUSSISCHEN ARMEE IN BOHMEN IM JAHRE 1778 (Berlin,
1789,--simultaneously in French too, with Plans): with which--as
the completest Account by an eager Witness and Participator--
compare always Friedrich's own (MEMOIRES DE LA GUERRE DE 1778), in
OEuvres de Frederic, vi. 135-208. Schoning
(vol. iv.), besides his own loose Narrative, or Summary, has given
all the CORRESPONDENCE between Henri and the King:--sufficient to
quench the sharpest appetite on this subject.] who looks at it only
as a military Adjutant, intent on honor and rapid feats of war,--
with how much reason, readers not Prussian or military shall judge
as we go on.

Saxony, we ought to mention, was also aggrieved. The Dowager-
Electress Maria Antoinette, our sprightly friend, had, as sole
surviving Sister of the late Kurfurst Max, the undoubted heirship
of Kurfurst Max's "allodial properties and territories:"
territories, I think, mainly in the Ober-Pfalz (which are NOT
Bavaria Proper, but were acquired in the Thirty-Years War), which
are important in value, and which Austria, regardless of our lively
friend, has laid hold of as lapsed fiefs of Bohemia.
Clearly Bohemian, says Austria; and keeps hold. Our lively friend
hereupon makes over all her rights in that matter to her Son, the
reigning Elector; with the counsel, if counsel were needed, "Ask
protection of King Friedrich; go wholly with King Friedrich."
Mecklenburg too has an interest. Among the lapsed fiefs is one to a
Duchy called of Leuchtenberg;--in regard to which, says
Mecklenburg, as loud as it can, "That Duchy is not lapsed at all;
that is now mine, witness this Document" (of a valid testamentary
nature)! Other claims were put in; but these three: Zweibruck
endlessly important; Saxony important too, though not in such
degree; Mecklenburg unimportant, but just,--were alone recognized
in impartial quarters as authentic and worthy of notice.

Of the pleadings and procedures in the Reichs Diet no reader would
permit me to speak, were I inclined. Enough to understand that they
went on in the usual voluminous dull-droning way, crescendo always;
and deserve, what at present they are sure of, oblivion from all
creatures. The important thing was, not those pleadings in the
Reichs Diet, nor the Austrian proposals there or elsewhere; but the
brandishing of arms in emitting and also in successively answering
the same. Answer always No by Friedrich, and some new flash of
handled arms,--the physiognomy of which was the one significant
point, Austria, which is far from ready with arms, though at each
fresh pleading or proposal it tries to give a kind of brandish,
says mainly three things, in essence somewhat thus.
AUSTRIA: "Cannot two States of the Reich come to a mutual
understanding, as Austria and Bavaria have done? And what have
third parties to say to it?" FRIEDRICH: "Much! Parties of the Reich
have much to say to it!" (This several times with variations.)
AUSTRIA: "Our rights seem to us valid: Zweibruck, Saxony,
Mecklenburg, if aggrieved, can try in the Reichs Law-Courts."
FRIEDRICH: "Law-Courts!" with a new brandish; that is, sets more
regiments on march, from Pommern to Wesel all on march, to Berlin,
to Silesia, towards the Bohemian Frontier. AUSTRIA, by the voice of
Kaunitz: "We will not give up our rights without sentence of Law.
We cannot recognize the King of Prussia as Law-Judge in this
matter." FRIEDRICH: "The King of Prussia is of the Jury!"

Pulse after pulse, this is something like the course things had,
crescendo till, in about three months, they got to a height which
was evidently serious. Nay, in the course of the pleadings it
became manifest that on the Austrian grounds of claim, not Maria
Theresa could be heir to Straubingen, but Friedrich himself:
"I descend from Three-Crown Albert's Daughter," said Maria Theresa.
"And I from an elder Daughter of his, and do not claim!"
Friedrich could have answered, but did not; treating such claim all
along as merely colorable and chimerical, not worth attention in
serious affairs of fact. Till, at length, after about three months,
there comes a really serious brandish.

SUNDAY, APRIL 5th, 1778, at Berlin, Friedrich holds review of his
Army, all assembled, equipped and in readiness; and (in that upper
Parole-Room of the Schloss) makes this Speech, which, not without
extraneous intention, was printed in the Newspapers:--

FRIEDRICH'S SPEECH TO HIS GENERALS. "Gentlemen, I have assembled
you here for a public object. Most of you, like myself, have often
been in arms along with one another, and are grown gray in the
service of our Country: to all of us is well known in what dangers,
toils and renown we have been fellow-sharers. I doubt not in the
least that all of you, as myself, have a horror of bloodshed:
but the danger which now threatens our Countries, not only renders
it a duty, but puts us in the absolute necessity, to adopt the
quickest and most effectual means for dissipating at the right time
the storm which threatens to break out on us.

"I depend with complete confidence on your soldierly and patriotic
zeal, which is already well and gloriously known to me, and which,
while I live, I will acknowledge with the heartiest satisfaction.
Before all things, I recommend to you, and prescribe as your most
sacred duty, That, in every situation, you exercise humanity on
unarmed enemies; and be continually attentive that, in this respect
too, there be the strictest discipline (MANNSZUCHT) kept among
those under you.

"To travel with the pomp of a King is not among my wishes: and all
of you are aware that I have no pleasure in rich field-furniture:
but my increasing age, and the weakness it brings, render me
incapable of riding as I did in my youth. I shall, therefore, be
obliged to make use of a post-chaise in times of marching; and all
of you have liberty to do the same. But on the day of battle you
shall see me on horseback; and there, also, I hope my Generals will
follow that example."

VOLTAIRE SMOTHERED UNDER ROSES. King's Speech was on Sunday, April
5th, Evening of last Monday (March 30th), at the Theatre Francais
in Paris, poor Voltaire had that world-famous apotheosis of his;
and got "smothered under roses," as he termed it. He had left
Ferney (such the urgency of Niece Denis and her unappeasable desire
for a sight of Paris again) February 5th; arrived in Paris February
10th; ventured out to see his poor last Tragedy, not till the sixth
night of it, March 30th; was beshouted, crowned, raised to the
immortal gods by a repentant Paris world: "Greatest of men,--You
were not a miscreant and malefactor, then: on the contrary, you
were a spiritual Hercules, a heroic Son of Light; Slayer of the
Nightmare Monsters, and foul Dragons and Devils that were preying
on us: to you shall not we now say, Long life, with all our throats
and all our hearts,"--and so quench you at last! Which they managed
to do, poor repentant souls. The tottering wayworn Voltaire, over-
agitated in this way, took to bed; never rose again; and on that
day two months was dead. [In DUVERNET, and still better in
LONGCHAMP ET WAGNIERE, ample account of these interesting
occurrences.] His light all done; to King Friedrich, or to any of
us, no flash of radiancy from him any more forever.

APRIL 6th, Friedrich gets on march--perhaps about 100,000 strong--
for Schonwalde, in the Neisse-Schweidnitz neighborhood; and there,
in the course of the week, has cantoned himself, and sits
completing his magazines and appliances for actual work of war.
This is a considerable brandish; and a good deal astonishes Kaunitz
and the Vienna people, who have not 10,000 at present on those
Frontiers, and nothing whatever in a state of readiness.
"Dangerous really!" Kaunitz admits; and sets new regiments on march
from Hungary, from the Netherlands, from all ends of the Earth
where they are. Tempers his own insolent talk, too; but strives to
persuade himself that it is "Menace merely. He won't; he abhors
war." Kaunitz had hardly exaggerated Friedrich's abhorrence of war;
though it turned out there were things which Friedrich abhorred
still more.

Schonwalde, head-quarter of this alarming Prussian cantonment, is
close on the new Fortress of Silberberg, a beautiful new
impregnability, looking into those valleys of the Warta, of the
young Neisse, which are the road to Bohemia or from it,--where the
Pandour torrents used to issue into the first Silesian Wars;
where Friedrich himself was once to have been snapped up, but was
not quite,--and only sang Mass as Extempore Abbot, with Tobias
Stusche, in the Monastery of Camenz, according to the myth which
readers may remember. No more can Pandours issue that way;
only Prussians can enter in. Friedrich's windows in the Schloss of
Schonwalde,--which are on the left hand, if you be touring in those
parts,--look out, direct upon Silberberg, and have its battlements
between them and the 3-o'clock Sun. [Schoning, iv. (Introductory
Part).] In the Town of Silberberg, Friedrich has withal a modest
little lodging,--lodging still known,--where he can alight for an
hour or a night, in the multifarious businesses that lead him to
and fro. "A beautiful place," says Schoning; "where the King stayed
twelve weeks" or more; waiting till the Bavarian-Austrian case
should ripen better. At Schonwalde, what was important in his
private circle, he heard of Lord Marischal's death, then of
Voltaire's; not to mention that of English Pitt, and perhaps others
interesting to him. [Voltaire died May 30th; Marischal, May 25th;
Pitt, May 11th;--and May 4th, in the Cantonment here, died General
von Rentzel, the same who, as Lieutenant Rentzel, sixty years ago,
had taught the little Crown-Prince his drill (Rodenbeck,
iii. 187).]

"Now was the time," cry Schmettau and the unfavorable, "when he
might have walked across into Eastern Bohemia, into Mahren, whither
you like; to Vienna itself, and taken Austria by the throat at
discretion: 'Do justice, then, will you! Let go Bavaria, or--!'
In his young years, would not he have done so? His Plan, long since
laid down, was grand: To march into Mahren, leaving Silesia
guarded; nay leaving Bohemia to be invaded,--for Prince Henri, and
the Saxons, who are a willing handful, and will complete Henri
likewise to 100,000, were to do that, feat the while;--March into
Mahren, on to Vienna if he chose; laying all flat. Infallible," say
the Schmettau people. "He had the fire of head to contrive it all;
but worn down and grown old, he could not execute his great
thoughts." Which is obviously absurd, Friedrich's object not being
to lay Austria flat, or drive animosities to the sanguinary point,
and kindle all Europe into war; but merely to extract, with the
minimum of violence, something like justice from Austria on this
Bavarian matter. For which end, he may justly consider slow
pressure preferable to the cutting method. His problem is most
ticklish, not allowed for by Schmettau.

The encampment round Schonwalde, especially as there was nothing
ready thereabouts on the Austrian side, produced a visible and
great effect on the negotiations; and notably altered the high
Kaunitz tone towards Friedrich. "Must two great Courts quarrel,
then, for the sake of a small one?" murmured Kaunitz, plaintively
now, to himself and to the King,--to the King not in a very
distinct manner, though to himself the principle is long since
clear as an axiom in Politics: "Great Courts should understand one
another; then the small would be less troublesome." For a quarter
of a century this has been the Kaunitz faith. In 1753, when he
miraculously screwed round the French into union with the Austrians
to put down an upstart Prussia, this was his grand fulcrum, the
immovable rock in which the great Engineer fixed down his political
capstans, and levered and screwed. He did triumphantly wind matters
round,--though whether they much profited him when round, may be
a question.

But the same grand principle, in the later instance of partitioning
Poland, has it not proved eminently triumphant, successful in all
points? And, doubtless, this King of Prussia recognizes it, if made
worth his while, thinks Kaunitz. In a word, Kaunitz's next
utterance is wonderfully changed. The great Engineer speaks almost
like a Bishop on this new text. "Let the Two Courts," says he, "put
themselves each in the other's place; each think what it would
want;" and in fact each, in a Christian manner, try to do as it
would be done by! How touching in the mouth of a Kaunitz, with
something of pathos, of plaintiveness, almost of unction in it!
"There is no other method of agreeing," urges he: "War is a
terrible method, disliked by both of us. Austria wishes this of
Bavaria; but his Prussian Majesty's turn will come, perhaps now is
(let him say and determine); we will make it worth his while."
This is of APRIL 24th; notable change since the cantoning
round Schonwalde.

Germany at large, though it lay so silent, in its bedrid condition,
was in great anxiety. Never had the Holy Romish Reich such a shock
before: "Meaning to partition us like Poland?" thought the Reich,
with a shudder. "They can, by degrees, if they think good;
these Two Great Sovereigns!" Courage, your Durchlauchts: one of the
Two great ones has not that in his thoughts; has, and will have,
the reverse of that; which will be your anchorages in the storms of
fate for a long time to come! Nor was it--as will shortly appear to
readers--Kaunitz's immediate intention at all: enough if poor we
can begin it, set it fairly under way; let some unborn happier
Kaunitz, the last of a series, complete such blessed consummation;
in a happier time, far over the practical horizon at present.
This we do gather to have been Kaunitz's real view; and it throws a
light on the vexed Partition-of-Poland question, and gives weight
to Dohm's assertion, That Kaunitz was the actual beginner there.

Weeks before Friedrich heard of this remarkable Memorial, and ten
days before it was brought to paper, there came to Friedrich
another unexpected remarkable Document: a LETTER from Kaiser Joseph
himself, who is personally running about in these parts, over in
Bohemia, endeavoring to bring Army matters to a footing; and is no
doubt shocked to find them still in such backwardness, with a
Friedrich at hand. The Kaiser's Letter, we perceive, is pilot-
balloon to the Kaunitz episcopal Document, and to an actual meeting
of Prussian and Austrian Ministers on the Bavarian point; and had
been seen to be a salutary measure by an Austria in alarm. It asks,
as the Kaunitz Memorial will, though in another style, "Must there
be war, then? Is there no possibility left in negotiation and
mutual concession? I am your Majesty's friend and admirer; let us
try." This was an unexpected and doubtless a welcome thing to
Friedrich; who answers eagerly, and in a noble style both of
courtesy and of business sense: upon which there followed two other
Imperial Letters with their two Royal answers; [In OEuvres
de Frederic, (vi. 183-193), Three successive Letters
from the Kaiser (of dates, "Olmutz," "Litau," "Konigsgratz,"
13th-19th April, 1778), with King's Answers ("Schonwalde," all of
them, and 14th-20th April),--totally without interest to the
general reader.] and directly afterwards the small Austrian-
Prussian Congress we spoke of, Finkenstein and Hertzberg on the
Prussian part, Cobenzl on the Austrian (Congress sitting at
Berlin), which tried to agree, but could not; and to which
Kaunitz's Memorial of April 24th was meant as some helpful
sprinkling of presidential quasi-episcopal oil.

Oil merely: for it turned out, Kaunitz had no thought at present of
partitioning the German Reich with Friedrich; but intended merely
to keep his own seized portion of Baiern, and in return for
Friedrich's assent intended to recompense Friedrich with--in fact,
with Austria's consent, That if Anspach and Baireuth lapsed home to
Prussia (as it was possible they might, the present Margraf,
Friedrich's Nephew, the Lady-Craven Margraf, having a childless
Wife), Prussia should freely open the door to them! A thing which
Friedrich naturally maintained to be in need of nobody's consent,
and to lie totally apart from this question; but which Austria
always considered a very generous thing, and always returned to,
with new touches of improvement, as their grand recipe in this
matter. So that, unhappily, the Hertzberg-Cobenzl treatyings,
Kaiser's Letters and Kaunitz's episcopal oil, were without effect,
--except to gain for the Austrians, who infinitely needed it, delay
of above two months. The Letters are without general interest:
but, for Friedrich's sake, perhaps readers will consent to a
specimen? Here are parts of his First Letter: people meaning to be
Kings (which I doubt none of my readers are) could not do better
than read it, and again read it, and acquire that style, first of
knowing thoroughly the object in hand, and then of speaking on it
and of being silent on it, in a true and noble manner:--


FRIEDRICH TO HIS IMPERIAL MAJESTY (at Olmutz).

"SCHONWALDE, 14th April, 1778.

"SIRE MY BROTHER,--I have received, with all the satisfaction
possible, the Letter which your Imperial Majesty has had the
goodness to write to me. I have neither Minister nor Clerk (SCRIBE)
about me; therefore your Imperial Majesty will be pleased to put up
with such Answer as an Old Soldier can give, who writes to you with
probity and frankness, on one of the most important subjects which
have risen in Politics for a long time.

"Nobody wishes more than I to maintain peace and harmony between
the Powers of Europe: but there are limits to everything; and cases
so intricate (EPINEUX) arise that goodwill alone will not suffice
to maintain things in repose and tranquillity. Permit me, Sire, to
state distinctly what the question seems to me to be. It is to
determine if an Emperor can dispose at his will of the Fiefs of the
Empire. Answer in the affirmative, and, all these Fiefs become
TIMARS [in the Turk way], which are for life only; and which the
Sultan disposes of again, on the possessor's death. Now, this is
contrary to the Laws, to the Customs and Constitutions of the
German Empire."--"I, as member of the Empire, and as having, by the
Treaty of Hubertsburg, re-sanctioned the Peace of Westphalia, find
myself formally engaged to support the immunities, the liberties
and rights of the Germanic Body.

"This, Sire, is the veritable state of things. Personal interest I
have none: but I am persuaded your Majesty's self would regard me
as a paltry man, unworthy of your esteem, should I basely sacrifice
the rights, immunities and privileges, which the Electors and I
have received from our Ancestors.

"I continue to speak to your Majesty with the same frankness.
I love and honor your person. It will certainly be hard for me to
fight against a Prince gifted with excellent qualities, and whom I
personally esteem. But"-- And is there no remedy? Anspach and
Baireuth stand in no need of sanction. I consent to the Congress
proposed:--being with the &c. &c.--F. [ OEuvres de
Frederic, vi. 187.]

The sittings of this little Congress at Berlin lasted all through
May and June; to the disgust of Schmettau and the ardent Prussian
mess-rooms, "lying ready here, and forbidden to act." For the
Austrians all the while were at their busiest, improving the
moments, marching continually hitherward from Hungary, from
Limburg, from all ends of the earth. Both negotiating parties had
shown a manifest wish to terminate without war; and both made
various attempts or proposals that way; Friedrich offering, in the
name of European peace, to yield the Austrians some small rim or
paring of Bavaria from the edge adjoining them; the Austrians
offering Anspach-Baireuth with some improvements;--always offering
Friedrich his own Baireuth-Anspach with some new sauce (as that he
might exchange those Territories with Saxony for a fine equivalent
in the Lausitz, contiguous to him, which was a real improvement and
increase):--but as neither party would in the least give up in
essentials, or quit the ground it had taken, the result was
nothing. Week after week; so many weeks are being lost to
Friedrich; gained to Austria: Schmettau getting more and
more disgusted.

Friedrich still waited; not in all points quite ready yet, he said,
nor the futile diplomacies quite complete;--evidently in the
highest degree unwilling to come to the cutting point, and begin a
War which nobody could see the end of. Many things he tried;
Peace so precious to him, try and again try. All through June too,
this went on; the result always zero,--obviously certain to be so.
As even Friedrich had at last to own to himself; and likewise that
the Campaign season was ebbing away; and that if his grand Moravian
scheme was to be tried on Austria, there was not now a moment
to lose.

Friedrich's ultimate proposal, new modification of what all his
proposals had been, "To you some thin rim of Baiern; to Saxony and
Mecklenburg some ETCETERA of indemnity, money chiefly (money always
to be paid by Karl Theodor, who has left Baiern open to the spoiler
in this scandalous manner)," was of June 13th; Austrians for ten
days meditating on it, and especially getting forward their Army
matters, answer, June 24th "No we won't." Upon which Friedrich--to
the joy of Schmettau and every Prussian--actually rises. Emits his
War-Manifesto (JULY 3d): "Declaration to our Brethren (MITSTANDE)
of the Reich," that Austria will listen to nothing but War;
[Fischer, ii 388; Dohm, Denkwurdigkeiten, i.
110; OEuvres de Frederic, vi. 145.] and, on
and from that day, goes flowing forward in perfect columns and
arrangements, 100,000 strong; through the picturesque Glatz
Country, straight towards the Bohemian Border, hour by hour.
Flows over the Bohemian Border by Nachod Town; his vanguard
bursting into field-music and flourishes of trumpeting at that
grand moment (July 5th); flowed bodily over; and encamped that
night on Bohemian ground, with Nachod to rear; thence towards
Kwalkowitz, and on the second day to Jaromirtz ("Camp of
Jaromirtz"), a little Town which we have heard of before, but which
became more famous than ever during the next ten weeks.

Jaromirtz, Kwalkowitz, Konigsgratz: this is the old hill-and-dale
labyrinth of an Upper-Elbe Country; only too well known to his
Majesty and us, for almost forty years past: here again are the
Austrians waiting the King; watching diligently this new Invasion
of his out of Glatz and the East! In the same days, Prince Henri,
who is also near 100,000, starts from Dresden to invade them from
the West. Loudon, facing westward, is in watch of Henri; Lacy, or
indeed the Kaiser himself, back-to-back of Loudon, stands in this
Konigsgratz-Jaromirtz part; said to be embattled in a very
elaborate manner, to a length of fifty miles on this fine ground,
and in number somewhat superior to the King;--the Austrians in all
counting about 250,000; of whom Lacy has considerably the larger
share. The terror at Vienna, nevertheless, is very great: "A day of
terror," says one who was there; "I will not trust myself to
describe the sensation which this news, 'Friedrich in Bohemia
again!' produced among all ranks of people." [Cogniazzo, iv. 316,
320, 321; Preuss, iv. 101, &c.] Maria Theresa, with her fine
motherly heart, in alarm for her Country, and trembling "for my two
Sons [Joseph and Leopold] and dear Son-in-Law [of Sachsen-
Teschen], who are in the Army," overcomes all scruples of pride;
instantly despatches an Autograph to the King ("Bearer of this,
Baron von Thugut, with Full Powers"); and on her own strength
starts a new Negotiation,--which, as will be seen, ended no better
than the others. [Her Letters, four in all, with their Appendixes,
and the King's Answers, in OEuvres de Frederic, italic> vi. 196-200.]

Schmettau says, "Friedrich, cheated of his Mahren schemes, was
still in time; the Austrian position being indeed strong, but not
being even yet quite ready." Friedrich himself, however, on
reconnoitring, thought differently. A position such as one never
saw before, thinks he; contrived by Lacy; masterly use of the
ground, of the rivers, of the rocks, woods, swamps; Elbe and his
branches, and the intricate shoulders of the Giant Mountains:
no man could have done it better than Lacy here, who, they say, is
the contriver and practical hand. [ OEuvres de Frederic,
vi. 147.] From Konigsgratz, northward, by Konigshof,
by Arnau, up to Hohenelbe, all heights are crowned, all passes
bristling with cannon. Rivers Aupa, Elbe beset with redoubts, with
dams in favorable places, and are become inundations, difficult
to tap. There are "ditches 8 feet deep by 16 broad." Behind or on
the right bank of Elbe, it is mere intrenchment for five-and-twenty
miles. With bogs, with thickets full of Croats; and such an amount
of artillery,--I believe they have in battery no fewer than 1,500
cannon. A position very considerable indeed:--must have taken time
to deliberate, delve and invest; but it is done. Near fifty miles
of it: here, clear to your glass, has the head of Lacy visibly
emerged on us, as if for survey of phenomena:--head of Lacy sure
enough (body of him lying invisible in the heights, passes and
points of vantage); and its NECK of fifty miles, like the neck of a
war-horse clothed with thunder. On which (thinks Schmettau
privately) you may, too late, make your reflections!

Schmettau asserts that the position, though strong, was nothing
like so infinitely strong; and that Friedrich in his younger days
would very soon have assaulted it, and turned Lacy inside out:
but Friedrich, we know, had his reasons against hurry.
He reconnoitred diligently; rode out reconnoitring "fifteen miles
the first day" (July 6th), ditto the second and following; and was
nearly shot by Croats,--by one specific Croat, says Prussian
Mythology, supported by Engraving. An old Engraving, which I have
never seen; represents Friedrich reconnoitring those
five-and-twenty miles of Elbe, which have so many redoubts on their
side of it, and swarm with Croat parties on both sides: this is all
the truth that is in the Engraving. [Rodenbeck, p. 188.] Fact says:
Friedrich ("on the 8th," if that were all the variation) "was a
mark for the Austrian sharpshooters for half an hour." Myth says,
and engraves it, with the date of "July 7th:" Friedrich, skirting
some thicket, suddenly came upon a single Croat with musket
levelled at him, wild creature's finger just on the trigger;--and
quietly admonishing, Friedrich lifts his finger with a "DU, DU (Ah
you!);" upon which, such the divinity that hedges one, the wild
creature instantly flings down his murder-weapon, and, kneeling,
embraces the King's boot,--with kisses, for anything I know. It is
certain, Friedrich, about six times over in this paltry War or
Quasi No-War, set his attendants on the tremble; was namely, from
Croateries and Artilleries, in imminent peril of life; so careless
was he, and dangerous to speak to in his sour humor. Humor very
sour, they say, for most part; being in reality altogether backward
and loath for grand enterprise; and yet striving to think he was
not; ashamed that any War of his should be a No-War.
Schmettau says:--

"On the day of getting into Jaromirtz [July 8th], the King, tired
of riding about while the Columns were slowly getting in, lay down
on the ground with his Adjutants about him. A young Officer came
riding past; whom the King beckoned to him;--wrote something with
pencil (an Order, not of the least importance), and said: 'Here;
that Order to General Lossow, and tell him he is not to take it ill
that I trouble him, as I have none in my Suite that can do
anything.'" Let the Suite take it as they can! A most pungent,
severe old King; quite perverse at times, thinks Schmettau.
Thus again, more than once.:--

"On arriving with his Column where the Officer, a perfectly skilful
man, had marked out the Camp, the King would lift his spy-glass;
gaze to right and left, riding round the place at perhaps a hundred
yards' distance; and begin: 'SIEHT ER, HERR, But look, Herr, what a
botching you have made of it again (WAS ER DA WIEDER FUR DUMM ZEUG
GEMACHT HAT)!' and grumbling and blaming, would alter the Camp,
till it was all out of rule; and then say, 'See there, that is the
way to mark out Camps.'" [Schmettau, xxv. 30, 24.]

In a week's time, July 13th, came another fine excuse for inaction;
Plenipotentiary Thugut, namely, and the Kaiserinn's Letter, which
we spoke of. Autograph from Maria Theresa herself, inspired by the
terror of Vienna and of her beautiful motherly heart.
Negotiation to be private utterly: "My Son, the Kaiser, knows
nothing of it; I beg the most absolute secrecy;" which was
accordingly kept, while Thugut, with Finkenstein and Hertzberg
again, held "Congress of Braunau" in those neighborhoods,--with as
little effect as ever. Thugut's Name, it seems, was originally
TUNICOTTO (Tyrolese-Italian); which the ignorant Vienna people
changed into "THU-NICHT-GUT (Do-no-good)," till Maria Theresa, in
very charity, struck out the negative, and made him "Do-good."
Do-good and his Congress held Friedrich till August 10th: five more
weeks gone; and nothing but reconnoitring,--with of course
foraging, and diligently eating the Country, which is a daily
employment, and produces fencing and skirmishing enough.

Henri, in the interim, has invaded from the West; seen Leitmeritz,
Lobositz;--Prag Nobility all running, and I suppose Prayers to St.
Titus going again,--and Loudon in alarm. Loudon, however, saved
Prag "by two masterly positions" (not mentionable here); upon which
Henri took camp at Niemes; Loudon, the weaker in this part, seizing
the Iser as a bulwark, and ranking himself behind it, back-to-back
of Lacy. Here for about five weeks sat Henri, nothing on hand but
to eat the Country. Over the heads of Loudon and Lacy, as the crow
flies, Henri's Camp may be about 70 miles from Jaromirtz, where the
King is. Hussar Belling, our old Anti-Swede friend, a brilliant
cutting man, broke over the Iser once, perhaps twice; and there was
pretty fencing by him and the like of him: "but Prince Henri did
nothing," says the King, [ OEuvres de Frederic, italic> vi. 154]--was, in fact, helping the King to do nothing.
By the 10th of September, as Henri has computed, this Country will
be eaten; "Forage, I find, will be quite done here on September
10th," writes Henri, after a week or two's experience.

There was always talk of Henri and the King, who are 100,000 each,
joining hands by the post of Arnau, or some weak point of Lacy's
well north of Konigsgratz; thus of cutting off the meal-carts of
that back-to-back copartnery, and so of tumbling it off the ground
(which was perfectly possible, says Schmettau); and small
detachments and expeditious were pushed out, General Dahlwig,
General Anhalt, partly for that object: but not the least of it
ever took effect. "Futile, lost by loitering, as all else was,"
groans Schmettau. Prince Henri was averse to attempt, intimates the
King,--as indeed (though refusing to own it) was I.
"September 10th, my forage will be out, your Majesty," says Henri,
always a punctual calculating man.

The Austrians, on their side, were equally stagnant; and, except
the continual skirmishing with the Prussian foragers, undertook
nothing. "Shamefully ill-clone our foraging, too," exclaims
Schmettau again and again: "Had we done it with neatness, with
regularity, the Country would have lasted us twice as long.
Doing it headlong, wastefully and by the rule-of-thumb, the Country
was a desert, all its inhabitants fled, all its edibles consumed,
before six weeks were over. Friedrich is not now himself at all;
in great things or in little; what a changed Friedrich!" exclaims
Schmettau, with wearisome iteration.

From about August 6th, or especially August 10th, when the Maria-
Theresa Correspondence, or "Congress of Braunau," ended likewise in
zero, Friedrich became impatient for actual junction with Prince
Henri, actual push of business; and began to hint of an excellent
plan he had: "Burst through on their left flank; blow up their post
of Hohenelbe yonder: thence is but one march to Iser river;
junction with Prince Henri there; and a Lacy and a Loudon tumbled
to the winds." "A plan perfectly feasible," says Schmettau; "which
solaced the King's humor, but which he never really intended to
execute." Possibly not; otherwise, according to old wont, he would
have forborne to speak of it beforehand. At all events, August
15th, in the feeling that one ought really to do something, the
rather as forage hereabouts was almost or altogether running out,
he actually set about this grand scheme.

Got on march to rightward, namely, up the Aupa river, through the
gloomy chasms of Kingdom-Wood, memorable in old days: had his
bakery shifted to Trautenau; his heavy cannon getting tugged
through the mire and the rains, which by this time were abundant,
towards Hohenelbe, for the great enterprise: and sat encamped on
and about the Battle-ground of Sohr for a week or so, waiting till
all were forward; eating Sohr Country, which was painfully easy to
do. The Austrians did next to nothing on him; but the rains, the
mud and scarcity were doing much. Getting on to Hohenelbe region,
after a week's wet waiting, he, on ocular survey of the ground
about, was heard to say, "This cannot be done, then!" "Had never
meant to do it," sneers Schmettau, "and only wanted some excuse."
Which is very likely. Schmettau gives an Anecdote of him here:
In regard to a certain Hill, the Key of the Austrian position,
which the King was continually reconnoitring, and lamenting the
enormous height of, "Impossible, so high!" One of the Adjutants
took his theodolite, ascertained the height, and, by way of
comforting his Majesty, reported the exact number of feet above
their present level. "How do YOU know, Herr?" said the King
angrily. "Measured it by Trigonometry, your Majesty."--
"Trigonometry! SCHER' ER SICH ZUM TEUFEL (Off with you, Sir, to the
Devil, your Trigonometry and you!)"--no believer in mathematics,
this King.

He was loath to go; and laid the blame on many things. "Were Prince
Henri now but across the Iser. Had that stupid Anhalt, when he was
upon it [galloping about, to the ruin of his head], only seized
Arnau, Arnau and its Elbe-Bridge; and had it in hand for junction
with Prince Henri!" In fine, just as the last batch of heavy
cannon--twenty or thirty hungered horses to a gun, at the rate of
five miles a day in roads unspeakable--were getting in, he ordered
them all to be dragged back, back to the Trautenau road; whither we
must now all go. And, SEPTEMBER 8th, in perfect order, for the
Austrians little molested him, and got a bad bargain when they did,
the great Friedrich with his whole Army got on march homeward,
after such a Campaign as we see. Climbed the Trautenau-Landshut
Pass, with nothing of effective loss except from the rainy
elements, the steep miry ways and the starved horses;
draught-horses especially starved,--whom, poor creatures, "you
would see spring at the ropes [draught-harness], thirty of them to
a gun, when started and gee-ho'd to; tug violently with no effect,
and fall down in whole rows."

Prince Henri, forage done, started punctually September 10th, two
days after his Brother; and with little or no pursuit, from the
Austrians, and with horses unstarved, got home in comparatively
tolerable circumstances. Cantoned himself in Dresden neighborhood,
and sat waiting: he had never approved this War; and now, I
suppose, would not want for reflections. Friedrich's cantonments
were round Landshut, and spread out to right and to left, from
Glatz Country and the Upper-Silesian Hills, to Silberberg and
Schweidnitz;--his own quarter is the same region, where he lay so
long in Summer, 1759, talking on learned subjects with the late
Quintus Icilius, if readers remember, and wearily waiting till
Cunctator Daun (likewise now deceased) took his stand, or his seat,
at Mark Lissa, and the King could follow him to Schmottseifen.
Friedrich himself on this present occasion stayed at Schatzlar as
rear-guard, to see whether the Austrians would not perhaps try to
make some Winter Campaign of it, and if so, whether they would
attempt on Prince Henri or on him. The Austrians did not attempt on
either; showed no such intention,--though mischievous enough in
other small ways. Friedrich wrote the ELOGE of Voltaire
[ OEuvres de Frederic, vii. 50 et seq.
("finished Nov. 26th, 1778").] while he waited here at Schatzlar,
among the rainy Mountains. Later on, as prospects altered, he was
much at Breslau, or running about on civic errands with Breslau as
centre: at Breslau he had many Dialogues with Professor Garve,--in
whose good, but oppressively solemn, little Book, more a dull-
droning Preachment than a Narrative, no reader need look for them
or for him.

As to the EULOGY OF VOLTAIRE, we may say that it is generous,
ingenious, succinct; and of dialect now obsolete to us. There was
(and is, though suppressed) another EULOGY, brand-new, by a
Contemporary of our own,--from which I know not if readers will
permit me a sentence or two, in this pause among the
rainy Mountains?

... "A wonderful talent lay in this man--[in Voltaire, to wit;
"such an intellect, the sharpest, swiftest of the world," thinks
our Contemporary; "fathoming you the deepest subject, to a depth
far beyond most men's soundings, and coming up with victory and
something wise and logically speakable to say on it, sooner than
any other man,--never doubting but he has been at the bottom, which
is from three to ten miles lower!"] wonderful talent; but observe
always, if you look closely, it was in essence a mere talent for
Speech; which talent Bavius and Maevius and the Jew Apella may
admire without looking behind it, but this Eulogist by no means
will. Speech, my friend? If your sublime talent of speech consists
only in making ignorance appear to be knowledge, and little wisdom
appear to be much, I will thank you to walk on with it, and apply
at some other shop. The QUANTITY of shops where you can apply with
thrice-golden advantage, from the Morning Newspapers to the
National Senate, is tremendous at this epoch of the poor world's
history;--go, I request you! And while his foot is on the stairs,
descending from my garret, I think: O unfortunate fellow-creature
in an unfortunate world, why is not there a Friedrich Wilhelm to
'elect' you, as he did Gundling, to his TOBACCO Parliament, and
there set Fassmann upon you with the pans of burning peat? It were
better even for yourself; wholesomely didactic to your poor self, I
cannot doubt; and for the poor multitudes to whom you are now to be
sacred VATES, speaking and singing YOUR dismal GUNDLINGIANA as if
inspired by Heaven, how infinitely better!--Courage, courage!
I discern, across these hideous jargons, the reign of greater
silence approaching upon repentant men; reign of greater silence, I
say; or else that of annihilation, which will be the most silent
of all. ...

"Voltaire, if not a great man, is a remarkably peculiar one;
and did such a work in these Ages as will render him long
memorable, more or less. He kindled the infinite dry dung-heap of
things; set it blazing heaven-high;--and we all thought, in the
French Revolution time, it would burn out rapidly into ashes, and
then there would a clear Upper Firmament, if over a blackened
Earth, be once more vouchsafed us. The flame is now done, as I once
said; and only the dull dung-heap, smokily burning, but not now
blazing, remains,--for it was very damp, EXCEPT on the surface, and
is by nature slow of combustion:--who knows but it may have to burn
for centuries yet, poisoning by its villanous mal-odors the life-
atmosphere of all men? Eternal Author of this Universe, whose
throne is Truth, to whom all the True are Sons, wilt thou not look
down upon us, then!--Till this sad process is complete? Voltaire is
like to be very memorable." ...

To Friedrich the Winter was in general tranquil; a Friedrich busy
preparing all things for his grand Mahren Enterprise, and for "real
work next year." By and by there came to be real Peace-prospects
instead. Meanwhile, the Austrians do try a little, in the small
Pandour way, to dislodge him from the Upper-Silesian or Teschen
regions, where the Erbprinz of Brunswick is in command; a man not
to be pricked into gratis by Pandours. Erbprinz, accordingly,
provoked by their Pandourings, broke out at last; and about
Zuckmantel instantly scourged them home, and had peace after.
Foiled here, they next tried upon Glatz; "Get into his Glatz
Country, then;--a snatch of that will balance the account" (which
was one of Newspaper glory only): and a certain Wurmser of theirs,
expert in such things, did burn the Town of Habelschwert one
morning; ["18th January, 1779" (Rodenbeck, iii. 195; Schmettau,
&c.).] and tried farther, not wisely this time, a surprisal of
Glatz Fortress itself; but got smitten home by our old friend
General Wunsch, without profit there. This was the same Wurmser who
came to bad issues in the Napoleon time afterwards; a rising man
then; not a dim Old-Newspaper ghost as now.

Most shameful this burning of Habelschwert by way of mere bravura,
thinks Friedrich, in a time of actual Treaty for Peace, when our
Congress of Teschen was just struggling to get together! It was the
chief stroke done by the Austrians in this War; glorious or
shameful, we will not think of inquiring. Nor in fact of adding one
word more on such a War,--except, what everybody longs for, That,
NOVEMBER 27th, 1778, Czarina Catharine, by her Prince Galitzin at
Vienna, intervened in the matter, in a lofty way; and ended it.
Czarina Catharine,--small thanks to her, it seems, for it was
Friedrich that by his industries and world-diplomacies, French and
other, had got her Turks, who had been giving trouble again,
compesced into peace for her; and indeed, to Friedrich or his
interests, though bound by Treaty, she had small regard in taking
this step, but wished merely to appear in German Politics as a
She-Jove,--Czarina Catharine signified, in high and peremptory
though polite Diplomatic terms, at Vienna, "Imperial Madam, how
long is such a War to last? Be at Peace, both of you; or--!
I shall, however, mediate, if you like, being the hearty friend of
both." [Copy of Galitzin's "Declaration," in FISCHER, ii. 406-411.]

"Do," answers Maria Theresa, whose finance is quite out, whose
motherly heart is almost broken, though a young Kaiser still
prances violently, and kicks against the pricks: "Do, your noble
Czarish Majesty; France too is interfering: France and you will
decide what is just, and we will end." "Congress of Teschen" met
accordingly, MARCH 10th, 1779: Teschen, in Austrian Silesia, where
we have been;--Repnin as Russian, Breteuil the Frenchman, Cobentzl
and Hertzberg as Austrian and Prussian;--and, MAY 13th (in two
months' time, not in two weeks', as had been expected, for there
rose unexpected haggles), did close everything, firm as Diplomacy
could do it, into equitable, or approximately equitable finis:
"Go home, you Austria; quit your stolen Bavaria (all but a rim or
paring, Circle of Burghausen, since you must have something!):
Saxony, Mecklenburg, these must be satisfied to moderate length;
and therewith general AS-YOU-WERE."

Russia and France were agreed on the case; and Friedrich, bitterly
longing to have done with it, had said to himself, "In two weeks or
so:" but it proved far otherwise. Never were such hagglings,
provocations and unreasonable confusions as now rose. The burning
of Habelschwert was but a type of them. Haggles on the part of
worthless Karl Theodor, kindled by Joseph and his Kaunitz, kicking
against the pricks. Haggles on Saxony's part: "I claimed 7,000,000
pounds sterling, and you allow me 600,000 pounds." "Better that
than nothing," answered Friedrich. Haggles with Mecklenburg:
"Instead of my Leuchtenberg, I get an improvement in my Law-Courts,
right of Judging without Appeal; what is that!" Haggles with the
once grateful Duke of Zweibruck: "Can't part with my Burghausen."
"Suppose you had had to part with your Bavaria altogether?"
In short, Friedrich, who had gained nothing for himself, but such
infinity of outlay in all kinds, never saw such a coil of human
follies and cupidities before; and had to exhaust his utmost
patience, submit to new losses of his own, and try all his
dexterities in pig-driving: overjoyed, at last, to get out of it on
any terms. Outlay of Friedrich is about Two Millions sterling, and
above 10,000 men's lives (his own narrowly not included), with
censures, criticisms, provocations and botherations without end.
In return for which, he has, truly, put a spoke in Austria's proud
wheel for this time, and managed to see fair play in the Reich;
which had seemed to him, and seems, a considerable thing. By way of
codicil, Austria agrees not to chicane him in regard to Anspach-
Baireuth,--how generous of Austria, after this experience!--

In reality, the War was an Imaginary War; deserving on its own
score little record anywhere; to readers here requiring almost less
than it has got. Schmettau, Schoning and others have been
abundantly minute upon it; but even to soldiers there is little
either of interest or instruction; to us, all it yields is certain
Anecdotes of Friedrich's temper and ways in that difficult
predicament; which, as coming at first-hand, gathered for us by
punctual authentic Schmettau, who was constantly about him, with
eyes open and note-book ready, have a kind of worth in the
Biographic point of view.

The Prussian Soldiery, of whom we see a type in Schmettau, were
disgusted with this War, and called it, in allusion to the
foraging, A scramble for potatoes, "DER KARTOFFEL-KRIEG, The Potato
War;" which is its common designation to this day. The Austrians,
in a like humor, called it "ZWETSCHKEN-RUMMEL" (say "THREE-BUTTON
Loo"); a game not worth playing; especially not at such cost.
Combined cost counted to have been in sum-total 4,350,000 pounds
and 20,000 men. [Preuss, iv. 115.] "The Prussian Army was full of
ardor, never abler for fight" (insists Schmettau), which indeed
seems to have been the fact on every small occasion;--"but fatally
forbidden to try." Not so fatally perhaps, had Schmettau looked
beyond his epaulettes: was not the thing, by that slow method, got
done? By the swifter method, awakening a new Seven-Years business,
how infinitely costlier might it have been!

Schmettau's NARRATIVE, deducting the endless lamentings, especially
the extensive didactic digressions, is very clear, ocular, exact;
and, in contrast with Friedrich's own, is really amusing to read.
A Schmettau giving us, in his haggard light and oblique point of
vision, the naked truth, NAKED and all in a shiver; a Friedrich
striving to drape it a little, and make it comfortable to himself.
Those bits of Anecdotes in SCHMETTAU, clear, credible, as if we had
seen them, are so many crevices through which it is curiously worth
while to look.



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 (º 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,
------------CORRECT. PARAGRAPH ENDS WITH COMMA--------------------^



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
0rder, [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:--


"PROTOCOL [of December 11th, Title already given; [Supra,
p. 439 n.] Docketing adds], WHICH IS TO BE PRINTED."

... (CATECHETICS AS ABOVE,--AND THEN): "The King's desire always is
and was, That everybody, be he high or low, rich or poor, get
prompt justice; and that, without regard of person or rank, no
subject of his fail at any time of impartial right and protection
from his Courts of Law.

"Wherefore, with respect to this most unjust Sentence against the
Miller Arnold of the Pommerzig Crabmill, pronounced in the Neumark,
and confirmed here in Berlin, his Majesty will establish an
emphatic example (EIN NACHDRUCKLICHES EXEMPEL STATUIREN); to the
end that all Courts of Justice, in all the King's Provinces, may
take warning thereby, and not commit the like glaring unjust acts.
For, let them bear in mind, That the least peasant, yea, what is
still more, that even a beggar, is, no less than his Majesty, a
human being, and one to whom due justice must be meted out. All men
being equal before the Law, if it is a prince complaining against a
peasant, or VICE VERSA, the prince is the same as the peasant
before the Law; and, on such occasions, pure justice must have its
course, without regard of person: Let the Law-Courts, in all the
Provinces, take this for their rule. And whenever they do not carry
out justice in a straightforward manner, without any regard of
person and rank, but put aside natural fairness,--then they shall
have to answer his Majesty for it (SOLLEN SIC ES MIT SEINER
KONIGLICHEN MAJESTAT ZU THUN KRIEGEN). For a Court of Law doing
injustice is more dangerous and pernicious than a band of thieves:
against these one can protect oneself; but against rogues who make
use of the cloak of justice to accomplish their evil passions,
against such no man can guard himself. These are worse than the
greatest knaves the world contains, and deserve double punishment.

"For the rest, be it also known to the various Courts of Justice,
That his Majesty has appointed a new Grand-Chancellor."
Furst dismissed. "Yet his Majesty will not the less look sharply
with his own eyes after the Law-proceedings in all the Provinces;
and he commands you"--that is, all the Law-courts--"urgently
herewith: FIRSTLY,"--which is also lastly,--"To proceed to deal
equally with all people seeking justice, be it prince or peasant;
for, there, all must be alike. However, if his Majesty, at any time
hereafter, come upon a fault committed in this regard, the guilty
Courts can now imagine beforehand how they will be punished with
rigor, President as well as Raths, who shall have delivered a
judgment so wicked and openly opposed to justice. Which all
Colleges of Justice in all his Majesty's Provinces are particularly
to take notice of."

"MEM. By his Majesty's special command, measures are taken that
this Protocol be inserted in all the Berlin Journals." [In
Berlin'sche Nachrichten von Staats und Gelehrten Sachen, italic> No. 149, "Tuesday, 14th December, 1779." Preuss,
iii. 494.]

The remainder of Rannsleben's Narrative is beautifully brief and
significant.--"We had hardly left the room," said he SUPRA, "when
the King followed us," lame as he was, with a fulminant "Wait
there!" Rannsleben continues: "Shortly after came an Aide-de-Camp,
who took us in a carriage to the common Town-prison, the
Kalandshof; here two Corporals and two Privates were set to guard
us. On the 13th December, 1779," third day of our arrest, "a
Cabinet-Order was published to us, by which the King had appointed
a Commission of Inquiry; but had, at the same time, commanded
beforehand that the Sentence should not be less than a year's
confinement in a fortress, dismissal from office, and payment of
compensation to the Arnold people for the losses they had
sustained." Which certainly was a bad outlook for us.

Precisely the same has befallen our Brethren of Custrin; all
suddenly packed into Prison, just while reading our Approval of
them;--there they sit, their Sentence to be like ours. "Our arrest
in the Kalandshof lasted from 11th December, 1779, till 5th
January, 1780," three weeks and three days,--when (with Two
Exceptions, to be noted presently) we were all, Kammergerichters
and Custriners alike, transferred to Spandau.

I spoke of what might be called a ghost of Kanzler Furst once
revisiting the glimpses of the Moon, or Sun if there were any in
the dismal December days. This is it, witness one who saw it:
"On the morning of December 12th, the day after the Grand-
Chancellor's dismissal, the Street in which he lived was thronged
with the carriages of callers, who came to testify their sympathy,
and to offer their condolence to the fallen Chancellor. The crowd
of carriages could be seen from the windows of the King's Palace."
The same young Legal Gentleman, by and by a very old one, who,
himself one of the callers at the Ex-Chancellor's house that day,
saw this, and related it in his old age to Herr Preuss, [Preuss,
iii. 499, 500.] remembers and relates also this other
significant fact:--

"During the days that followed" the above event and Publication of
the Royal Protocol, "I often crossed, in the forenoon, the
Esplanade in front of the Palace (SCHLOSSPLATZ), at that side where
the King's apartments were; the same which his Royal Highness the
Crown-Prince now [1833] occupies. I remember that here, on that
part of the Esplanade which was directly under Friedrich's windows,
there stood constantly numbers of Peasants, not ten or twelve, but
as many as a hundred at a time; all with Petitions in their hands,
which they were holding up towards the window; shouting, 'Please
his Majesty to look at these; we have been still worse treated than
the Arnolds!' And indeed, I have understood the Law-Courts, for
some time after, found great difficulty to assert their authority:
the parties against whom judgment went, taking refuge in the Arnold
precedent, and appealing direct to the King."

Far graver than this Spectre of Furst, Minister Zedlitz hesitates,
finally refuses, to pronounce such a Sentence as the King orders on
these men of Law! Estimable, able, conscientious Zedlitz;
zealous on Education matters, too;--whom I always like for
contriving to attend a Course of Kant's Lectures, while 500 miles
away from him (actual Course in Konigsberg University, by the
illustrious Kant; every Lecture punctually taken in short-hand, and
transmitted to Berlin, post after post, for the busy man).
[Kuno Fischer, Kant's Leben (Mannheim, 1860),
pp. 34, 35.] Here is now some painful Correspondence between the
King and him,--painful, yet pleasant:--

KING TO MINISTER VON ZEDLITZ, WHO HAS ALARMING DOUBTS (Berlin, 28th
December, 1779).--"Your Report of the 20th instant in regard to
Judgment on the arrested Raths has been received. But do you think
I don't understand your Advocate fellows and their quirks; or how
they can polish up a bad cause, and by their hyperboles exaggerate
or extenuate as they find fit? The Goose-quill class (FEDERZEUG)
can't look at facts. When Soldiers set to investigate anything, on
an order given, they go the straight way to the kernel of the
matter; upon which, plenty of objections from the Goose-quill
people!--But you may assure yourself I give more belief to an
honest Officer, who has honor in the heart of him, than to all your
Advocates and sentences. I perceive well they are themselves
afraid, and don't want to see any of their fellows punished.
"If, therefore, you will not obey my Order, I shall take another in
your place who will; for depart from it I will not. You may tell
them that. And know, for your part, that such miserable jargon
(MISERABEL STYL) makes not the smallest impression on me.
Hereby, then, you are to guide yourself; and merely say whether you
will follow my Order or not; for I will in no wise fall away from
it. I am your well-affectioned King,--FRIEDRICH."

MARGINALE (in Autograph).--"My Gentleman [you, Herr von Zedlitz,
with your dubitatings] won't make me believe black is white. I know
the Advocate sleight-of-hand, and won't be taken in. An example has
become necessary here,-- those Scoundrels (CANAILLEN) having so
enormously misused my name, to practise arbitrary and unheard-of
injustices. A Judge that goes upon chicaning is to be punished more
severely than a highway Robber. For you have trusted to the one;
you are on your guard against the other."

ZEDLITZ TO THE KING (Berlin, 31st December, 1779).--"I have at all
times had your Royal Majesty's favor before my eyes as the supreme
happiness of my life, and have most zealously endeavored to merit
the same: but I should recognize myself unworthy of it, were I
capable of an undertaking contrary to my conviction. From the
reasons indicated by myself, as well as by the Criminal-Senate
[Paper of reasons fortunately lost], your Majesty will deign to
consider that I am unable to draw up a condemnatory Sentence
against your Majesty's Servants-of-Justice now under arrest on
account of the Arnold Affair. Your Majesty's till death,--
VON ZEDLITZ."

KING TO ZEDLITZ (Berlin, 1st January, 1780).--"My dear State's-
Minister Freiherr von Zedlitz,--It much surprises me to see, from
your Note of yesterday, that yon refuse to pronounce a judgment on
those Servants-of-Justice arrested for their conduct in the Arnold
Case, according to my Order. If you, therefore, will not, I will;
and do it as follows:--

"1. The Custrin Regierungs-Rath Scheibler, who, it appears in
evidence, was of an opposite opinion to his Colleagues, and voted
That the man up-stream had not a right to cut off the water from
the man down-stream; and that the point, as to Arnold's wanting
water, should be more closely and strictly inquired into,--he,
Scheibler, shall be set free from his arrest, and go back to his
post at Custrin. And in like manner, Kammergerichts-Rath
Rannsleben--who has evidently given himself faithful trouble about
the cause, and has brought forward with a quite visible
impartiality all the considerations and dubieties, especially about
the condition of the water and the alleged hurtfulness of the Pond
--is absolved from arrest.

"2. As for the other arrested Servants-of-Justice, they are one and
all dismissed from office (CASSIRT), and condemned to one year's
Fortress-Arrest. Furthermore, they shall pay to Arnold the value of


 


Back to Full Books