Chapter IV. -- CRIMINAL JUSTICE IN PREUSSEN AND ELSEWHERE.

Not that his Majesty, while at the deepest in domestic intricacies,

ever neglects Public Business. This very summer he is raising Hussar

Squadrons; bent to introduce the Hussar kind of soldiery into his

Army;--a good deal of horse-breaking and new sabre-exercise needed for

that object. [Fassmann, pp. 417, 418.] The affairs of the Reich have at

no moment been out of his eye; glad to see the Kaiser edging round to

the Sea-Powers again, and things coming into their old posture, in spite

of that sad Treaty of Seville.

Nay, for the last two years, while the domestic volcanoes were at their

worst, his Majesty has been extensively dealing with a new question

which has risen, that of the SALZBURG PROTESTANTS; concerning which we

shall hear more anon. Far and wide, in the Diets and elsewhere, he has

been diligently, piously and with solid judgment, handling this question

of the poor Salzburgers; and has even stored up moneys in intended

solace of them (for he foresees what the end will be);--moneys which,

it appears about this time, a certain Official over in Preussen has been

peculating! In the end of June, his Majesty sets off to Preussen on

the usual Inspection Tour; which we should not mention, were it not in

regard to that same Official, and to something very rhadamanthine and

particular which befell him; significant of what his Majesty can do in

the way of prompt justice.

CASE OF SCHLUBHUT.

The Konigsberg Domain-Board (KRIEGS-UND DOMANEN-KAMMER) had fallen awry,

in various points, of late; several things known to be out-at-elbows in

that Country; the Kammer Raths evidently lax at their post; for which

reason they have been sharply questioned, and shaken by the collar, so

to speak. Nay there is one Rath, a so-called Nobleman of those parts, by

name Schlubhut, who has been found actually defaulting; peculating

from that pious hoard intended for the Salzburgers: he is proved, and

confesses, to have put into his own scandalous purse no less than 11,000

thalers, some say 30,000 (almost 5,000 pounds), which belonged to the

Public Treasury and the Salzburg Protestants! These things, especially

this latter unheard-of Schlubhut thing, the Supreme Court at Berlin

(CRIMINAL-COLLEGIUM) have been sitting on, for some time; and, in regard

to Schlubhut, they have brought out a result, which Friedrich Wilhelm

not a little admires at. Schlubhut clearly guilty of the defamation, say

they; but he has moneys, landed properties: let him refund, principal

and interest; and have, say, three or four years' imprisonment, by

way of memento. "Years' imprisonment? Refund? Is theft in the highest

quarters a thing to be let off for refunding?" growls his Majesty; and

will not confirm this sentence of his Criminal-Collegium; but leaves it

till he get to the spot, and see with his own eyes. Schlubhut, in arrest

or mild confinement all this while, ought to be bethinking himself more

than he is!

Once on the spot, judge if the Konigsberg Domain-Kammer had not a stiff

muster to pass; especially if Schlubhut's drill-exercise was gentle!

Schlubhut, summoned to private interview with his Majesty, carries his

head higher than could be looked for: Is very sorry; knows not how it

happened; meant always to refund; will refund, to the last penny, and

make all good.--"Refund? Does He (ER) know what stealing means, then?

How the commonest convicted private thief finds the gallows his portion;

much more a public Magistrate convicted of theft? Is He aware that He,

in a very especial manner, deserves hanging, then?"--Schlubhut looks

offended dignity; conscious of rank, if also of quasi-theft: "ES IST

NICHT MANIER (it is not the polite thing) to hang a Prussian Nobleman on

those light terms!" answers Schlubhut, high mannered at the wrong time:

"I can and will pay the money back!"--NOBLE-man? Money back? "I will

none of His scoundrelly money." To strait Prison with this SCHURKE!--And

thither he goes accordingly: unhappiest of mortals; to be conscious of

rank, not at the right place, when about to steal the money, but at the

wrong, when answering to Rhadamanthus on it!

And there, sure enough, Schlubhut lies, in his prison on the

SCHLOSSPLATZ, or Castle Square, of Konigsberg, all night; and hears,

close by the DOMANEN-KAMMER, which is in the same Square, DOMANEN-KAMMER

where his Office used to be, a terrible sound of carpentering go

on;--unhappiest of Prussian Noblemen. And in the morning, see, a high

gallows built; close in upon the Domain-Kammer, looking into the very

windows of it;--and there, sure enough, the unfortunate Schlubhut dies

the thief's death, few hours hence, speaking or thinking what, no man

reports to me. Death was certain for him; inevitable as fate. And so he

vibrates there, admonitory to the other Raths for days,--some say for

weeks,--till by humble petition they got the gallows removed. The

stumps of it, sawed close by the stones, were long after visible in that

Schlossplatz of Konigsberg. Here is prompt justice with a witness! Did

readers ever hear of such a thing? There is no doubt about the fact,

[Benekendorf (Anonymous), _Karakterzuge aus dem Leben Konig Friedrich

Wilhelm I._ (Berlin, 1788), vii. 15-20; Forster (ii. 268), &c. &c.]

though in all Prussian Books it is loosely smeared over, without the

least precision of detail; and it was not till after long searching

that I could so much as get it dated: July, 1731, while Friedrich

Crown-Prince is still in eclipse at Custrin, and some six weeks after

Wilhelmina's betrothal. And here furthermore, direct from the then

Schlubhut precincts, is a stray Note, meteorological chiefly; but worth

picking up, since it is authentic. "Wehlau," we observe, is on the road

homewards again,--on our return from uttermost Memel,--a day's journey

hitherwards of that place, half a day's thitherwards of Konigsberg:--

"TUESDAY, 10th JULY, 1731. King dining with General Dockum at

Wehlau,"--where he had been again reviewing, for about forty hours, all

manner of regiments brought to rendezvous there for the purpose, poor

"General Katte with his regiment" among them;--King at dinner with

General Dockum after all that, "took the resolution to be off to

Konigsberg; and arrived here at the stroke of midnight, in a deluge of

rain." This brings us within a day, or two days, of Schlubhut's death,

Terrible "combat of Bisons (URI, or AUEROCHSEN, with such manes, such

heads), of two wild Bisons against six wild Bears," then ensued; and the

Schlubhut human tragedy; I know not in what sequence,--rather conjecture

the Schlubhut had gone FIRST. Pillau, road to Dantzig, on the narrow

strip between the Frische Haf and Baltic, is the next stage homewards;

at Pillau, General Finkenstein (excellent old Tutor of the Crown-Prince)

is Commandant, and expects his rapid Majesty, day and hour given, to

me not known, Majesty goes in three carriages; Old Dessauer, Grumkow,

Seckendorf, Ginkel are among his suite; weather still very electric:--

"At Fischhausen, half-way to Pillau, Majesty had a bout of elk-hunting;

killed sixty elks [Melton-Mowbray may consider it],--creatures of the

deer sort, nimble as roes, but strong as bulls, and four palms higher

than the biggest horse,--to the astonishment of Seckendorf, Ginkel and

the strangers there. Half an hour short of Pillau, furious electricity

again; thunder-bolt shivered an oak-tree fifteen yards from Majesty's

carriage. And at Pillau itself, the Battalion in Garrison there, drawn

out in arms, by Count Finkenstein, to receive his Majesty [rain over

by this time, we can hope], had suddenly to rush forward and take new

ground; Frische Haf, on some pressure from the elements, having suddenly

gushed out, two hundred paces beyond its old watermark in that place."

[See Mauvillon, ii. 293-297;--CORRECTING by Fassmann, p. 422.]

Pillau, Fischhausen,--this is where the excellent old Adalbert stamped

the earth with his life "in the shape of a crucifix" eight hundred years

ago: and these are the new phenomena there!--The General Dockum, Colonel

of Dragoons, whom his Majesty dined with at Wehlau, got his death not

many months after. One of Dockum's Dragoon Lieutenants felt insulted at

something, and demanded his discharge: discharge given, he challenged

Dockum, duel of pistols, and shot him dead. [7th April, 1732

(_Militair-Lexikon,_ i. 365).] Nothing more to be said of Dockum, nor of

that Lieutenant, in military annals.

CASE OF THE CRIMINAL-COLLEGIUM ITSELF.

And thus was the error of the Criminal-Collegium rectified IN RE

Schlubhut. For it is not in name only, but in fact, that this Sovereign

is Supreme Judge, and bears the sword in God's stead,--interfering

now and then, when need is, in this terrible manner. In the same dim

authentic Benekendorf (himself a member of the Criminal-Collegium

in later times), and from him in all the Books, is recorded another

interference somewhat in the comic vein; which also we may give.

Undisputed fact, again totally without precision or details; not even

datable, except that, on study, we perceive it may have been before this

Schlubhut's execution, and after the Criminal-Collegium had committed

their error about him,--must have been while this of Schlubhut was still

vividly in mind; Here is the unprecise but indubitable fact, as the

Prussian Dryasdust has left us his smear of it:--

"One morning early" (might be before Schlubhut was hanged, and while

only sentence of imprisonment and restitution lay on him), General Graf

von Donhof, Colonel of a Musketeer Regiment, favorite old soldier,--who

did vote on the mild side in that Court-Martial on the Crown-Prince

lately; but I hope has been forgiven by his Majesty, being much esteemed

by him these long years past;--this Donhof, early one morning, calls

upon the King, with a grimly lamenting air. "What is wrong, Herr

General?"--"Your Majesty, my best musketeer, an excellent soldier, and

of good inches, fell into a mistake lately,--bad company getting round

the poor fellow; they, he among them, slipt into a house and stole

something; trifle and without violence: pay is but three halfpence, your

Majesty, and the Devil tempts men! Well, the Criminal-Collegium have

condemned him to be hanged; an excellent soldier and of good inches,

for that one fault. Nobleman Schlubhut was 'to make restitution,' they

decreed: that was their decree on Schlubhut, one of their own set; and

this poor soldier, six feet three, your Majesty, is to dance on the top

of nothing for a three-halfpenny matter!"--So would Donhof represent

the thing,--"fact being," says my Dryasdust, "it was a case of

house-breaking with theft to the value of 6,000 thalers and this

musketeer the ringleader!"--Well; but was Schlubhut sentenced

to hanging? Do you keep two weights and two measures, in that

Criminal-Collegium of yours, then?

Friedrich Wilhelm feels this sad contrast very much; the more, as the

soldier is his own chattel withal, and of superlative inches: Friedrich

Wilhelm flames up into wrath; sends off swift messengers to bring these

Judges, one and all instantly into his presence. The Judges are still in

their dressing-gowns, shaving, breakfasting; they make what haste

they can. So soon as the first three or four are reported to be in the

anteroom, Friedrich Wilhelm, in extreme impatience has them called in;

starts discoursing with them upon the two weights and two measures.

Apologies, subterfuges do but provoke him farther; it is not long till

he starts up, growling terribly: "IHR SCHURKEN (Ye Scoundrels), how

could you?" and smites down upon the crowns of them with the Royal

Cudgel itself. Fancy the hurry-scurry, the unforensic attitudes and

pleadings! Royal Cudgel rains blows, right and left: blood is drawn,

crowns cracked, crowns nearly broken; and "several Judges lost a few

teeth, and had their noses battered," before they could get out. The

second relay meeting them in this dilapidated state, on the staircases,

dashed home again without the honor of a Royal interview. [Benekendorf,

vii. 33; Forster, ii. 270.] Let them learn to keep one balance, and

one set of weights, in their Law-Court hence forth.--This is an actual

scene, of date Berlin, 1731, or thereby; unusual in the annals of

Themis. Of which no constitutional country can hope to see the fellow,

were the need never so pressing.--I wish his Majesty had been a thought

more equal, when he was so rhadamanthine! Schlubhut he hanged, Schlubhut

being only Schlubhut's chattel; this musketeer, his Majesty's own

chattel, he did not hang, but set him shouldering arms again, after some

preliminary dusting!--

His Majesty was always excessively severe on defalcations; any

Chancellor, with his Exchequer-bills gone wrong, would have fared ill

in that country. One Treasury dignitary, named Wilke (who had "dealt in

tall recruits," as a kind of by-trade, and played foul in some slight

measure), the King was clear for hanging; his poor Wife galloped to

Potsdam, shrieking mercy; upon which Friedrich Wilhelm had him whipt by

the hangman, and stuck for life into Spandau. Still more tragical--was

poor Hesse's case. Hesse, some domain Rath out at Konigsberg, concerned

with moneys, was found with account-books in a state of confusion,

and several thousands short, when the outcome was cleared up. What has

become of these thousands, Sir? Poor old Hesse could not tell: "God is

my witness, no penny of them eyer stuck to me," asseverated poor

old Hesse; "but where they are--? My account-books are in such a

state;--alas, and my poor old memory is not what it was!" They brought

him to Berlin; in the end they actually hanged the poor old soul;--and

then afterwards in his dusty lumber-rooms, hidden in pots, stuffed into

this nook and that, most or all of the money was found! [Forster (ii.

269), &c. &c.] Date and document exist for all these cases, though my

Dryasdust gives none; and the cases are indubitable; very rhadamanthine

indeed. The soft quality of mercy,--ah, yes, it is beautiful and

blessed, when permissible (though thrice-accursed, when not): but it is

on the hard quality of justice, first of all, that Empires are built up,

and beneficent and lasting things become achievable to mankind, in this

world!--

SKIPPER JENKINS IN THE GULF OF FLORIDA.

A couple of weeks before Schlubhut's death, the English Newspapers are

somewhat astir,--in the way of narrative merely, as yet. Ship Rebecca,

Captain Robert Jenkins Master, has arrived in the Port of London, with

a strange story in her log-book. Of which, after due sifting, this is

accurately the substance:--

"LONDON, 23d-27th JUNE, 1731. Captain Jenkins left this Port with the

Rebecca, several months ago; sailed to Jamaica, for a cargo of sugar.

He took in his cargo at Jamaica; put to sea again, 6th April, 1731, and

proceeded on the Voyage homewards; with indifferent winds for the first

fortnight. April 20th, with no wind or none that would suit, he was

hanging about in the entrance of the Gulf of Florida, not far from

the Havana,"--almost too near it, I should think; but these baffling

winds!--"not far from the Havana, when a Spanish Guarda-Costa hove in

sight; came down on Jenkins, and furiously boarded him: 'Scoundrel,

what do YOU want; contrabanding in these seas? Jamaica, say you? Sugar?

Likely! Let us see your logwood, hides, Spanish pieces-of-eight!' And

broke in upon Jenkins, ship and person, in a most extraordinary

manner. Tore up his hatches; plunged down, seeking logwood, hides,

pieces-of-eight; found none,--not the least trace of contraband on board

of Jenkins. They brought up his quadrants, sextants, however; likewise

his stock of tallow candles: they shook and rummaged him, and all

things, for pieces-of-eight; furiously advised him, cutlass in hand,

to confess guilt. They slashed the head of Jenkins, his left ear almost

off. Order had been given, 'Scalp him!'--but as he had no hair, they

omitted that; merely brought away the wig, and slashed:--still

no confession, nor any pieces-of-eight. They hung him up to the

yard-arm,--actual neck-halter, but it seems to have been tarry, and

did not run:--still no confession. They hoisted him higher, tied his

cabin-boy to his feet; neck-halter then became awfully stringent upon

Jenkins; had not the cabin-boy (without head to speak of) slipt through,

noose being tarry; which was a sensible relief to Jenkins. Before very

death, they lowered Jenkins, 'Confess, scoundrel, then!' Scoundrel could

not confess; spoke of 'British Majesty's flag, peaceable English subject

on the high seas.'--'British Majesty; high seas!' answered they, and

again hoisted. Thrice over they tried Jenkins in this manner at the

yard-arm, once with cabin-boy at his feet: never had man such a day,

outrageous whiskerando cut-throats tossing him about, his poor Rebecca

and him, at such rate! Sun getting low, and not the least trace of

contraband found, they made a last assault on Jenkins; clutched the

bloody slit ear of him; tore it mercilessly off; flung it in his face,

'Carry that to your King, and tell him of it!' Then went their way;

taking Jenkins's tallow candles, and the best of his sextants with

them; so that he could hardly work his passage home again, for want of

latitudes;--and has lost in goods 112 pounds, not to speak of his ear.

Strictly true all this; ship's company, if required, will testify on

their oath." [Daily Journal (and the other London Newspapers), 12th-17th

June (o.s.), 1731. Coxe's _Walpole,_ i. 579, 560 (indistinct, and

needing correction).]

These surely are singular facts; calculated to awaken a maritime public

careful of its honor. Which they did,--after about eight years, as

the reader will see! For the present, there are growlings in the

coffee-houses; and, "THURSDAY, 28th JUNE," say the Newspapers, "This day

Captain Jenkins with his Owners," ear in his pocket, I hope, "went

out to Hampton Court to lay the matter before his Grace of Newcastle:"

"Please your Grace, it is hardly three months since the illustrious

Treaty of Vienna was signed; Dutch and we leading in the Termagant of

Spain, and nothing but halcyon weather to be looked for on that side!"

Grace of Newcastle, anxious to avoid trouble with Spain, answers I can

only fancy what; and nothing was done upon Jenkins and his ear;

["The Spaniards own they did a witty thing,

Who cropt our ears, and sent them to the King."

--POPE (date not given me).]

--may "keep it in cotton," if he like; shall have "a better ship"

for some solacement. This is the first emergence of Jenkins and his

ear upon negligent mankind. He and it will marvellously re-emerge, one

day!--

BABY CARLOS GETS HIS APANAGE.

But in regard to that Treaty of Vienna, seventh and last of the

travail-throes for Baby Carlos's Apanage, let the too oblivious reader

accept the following Extract, to keep him on a level with Public

"Events," as they are pleased to denominate themselves:--

"By that dreadful Treaty of Seville, Cardinal Fleury and the Spaniards

should have joined with England, and coerced the Kaiser VI ET ARMIS to

admit Spanish Garrisons [instead of neutral] into Parma and Piacenza,

and so secure Baby Carlos his heritage there, which all Nature was

in travail till he got. 'War in Italy to a certainty!' said all the

Newspapers, after Seville: and Crown-Prince Friedrich, we saw, was

running off to have a stroke in said War;--inevitable, as the Kaiser

still obstinately refused. And the English, and great George their King,

were ready. Nevertheless, no War came. Old Fleury, not wanting war,

wanting only to fish out something useful for himself,--Lorraine how

welcome, and indeed the smallest contributions are welcome!--Old Fleury

manoeuvred, hung back; till the Spaniards and Termagant Elizabeth lost

all patience, and the very English were weary, and getting auspicious.

Whereupon the Kaiser edged round to the Sea-Powers again, or they to

him; and comfortable AS-YOU-WERE was got accomplished: much to the joy

of Friedrich Wilhelm and others. Here are some of the dates to these

sublime phenomena:

"MARCH 16th, 1731, Treaty of Vienna, England and the Kaiser coalescing

again into comfortable AS-YOU-WERE. Treaty done by Robinson [Sir

Thomas, ultimately Earl of Grantham, whom we shall often hear of in time

coming]; was confirmed and enlarged by a kind of second edition, 22d

July, 1731; Dutch joining, Spain itself acceding, and all being now

right. Which could hardly have been expected.

"For before the first edition of that Treaty, and while Robinson at

Vienna was still laboring like Hercules in it,--the poor Duke of Parma

died. Died; and no vestige of a 'Spanish Garrison' yet there, to induct

Baby Carlos according to old bargain. On the contrary, the Kaiser

himself took possession,--'till once the Duke's Widow, who declares

herself in the family-way, be brought to bed! If of a Son, of course

he must have the Duchies; if of a Daughter only, then Carlos SHALL get

them, let not Robinson fear.' The due months ran, but neither son nor

daughter came; and the Treaty of Vienna, first edition and also second,

was signed; and, "OCTOBER 20th, 1731, Spanish Garrisons, no longer an

but a bodily fact, 6,000 strong, 'convoyed by the British Fleet,' came

into Leghorn, and proceeded to lodge themselves in the long-litigated

Parma and Piacenza;--and, in fine, the day after Christmas, blessed be

Heaven.

"DECEMBER 26th, Baby Carlos in highest person came in: Baby Carlos (more

power to him!) got the Duchies, and we hope there was an end. No young

gentleman ever had such a pother to make among his fellow-creatures

about a little heritable property. If Baby Carlos's performance in it be

anything in proportion, he will be a supereminent sovereign!--

"There is still some haggle about Tuscany, the Duke of which is old and

heirless; Last of the Medici, as he proved. Baby Carlos would much like

to have Tuscany too; but that is a Fief of the Empire, and might easily

be better disposed of, thinks the Kaiser. A more or less uncertain

point, that of Tuscany; as many points are! Last of the Medici

complained, in a polite manner, that they were parting his clothes

before he had put them off: however, having no strength, he did not

attempt resistance, but politely composed himself, 'Well, then!'

[Scholl, ii. 219-221; Coxe's _Walpole,_ i. 346; Coxe's _House of

Austria_ (London, 1854), iii. 151.] Do readers need to be informed that

this same Baby Carlos came to be King of Naples, and even ultimately

to be Carlos III. of Spain, leaving a younger Son to be King of Naples,

ancestor of the now Majesty there?"

And thus, after such Diplomatic earthquakes and travail of Nature, there

is at last birth; the Seventh Travail-throe has been successful, in

some measure successful. Here actually is Baby Carlos's Apanage; there

probably, by favor of Heaven and of the Sea-Powers, will the Kaiser's

Pragmatic Sanction be, one day. Treaty of Seville, most imminent of

all those dreadful Imminencies of War, has passed off as they all did;

peaceably adjusts itself into Treaty of Vienna: A Termagant, as it were,

sated; a Kaiser hopeful to be so, Pragmatic Sanction and all: for the

Sea-Powers and everybody mere halcyon weather henceforth,--not extending

to the Gulf of Florida and Captain Jenkins, as would seem! Robinson, who

did the thing,--an expert man, bred to business as old Horace Walpole's

Secretary, at Soissons and elsewhere, and now come to act on his own

score,--regards this Treaty of Vienna (which indeed had its multiform

difficulties) as a thing to immortalize a man.

Crown-Prince has, long since, by Papa's order, written to the Kaiser,

to thank Imperial Majesty for that beneficent intercession, which has

proved the saving of his life, as Papa inculcates. We must now see a

little how the saved Crown-Prince is getting on, in his eclipsed state,

among the Domain Sciences at Custrin.

History of Friedrich II of Prussia — Volume 08 · 第 4 / 6 章