About the Second Law-Reform, after reading and again reading much dreary
detail, I can say next to nothing, except that it is dated as beginning
in 1776, near thirty years after Cocceji's; ["In 1748" Cocceji's was
completed; "in 1774-1775," on occasion of the Silesian Reviews, Von
Carmer, Chancellor of Silesia, knowing of the King's impatience at the
state of Law, presented successively Two MEMORIALS on the subject; the
Second of which began "4th January, 1776" to have visible fruit.] that
evidently, by what causes is not stated, but may be readily enough
conjectured (in the absence of Cocceji by death, and of a Friedrich
by affairs of War), the abuses of Law had again become more or less
unendurable to this King; that said abuses did again get some reform
(again temporary, such the Law of Nature, which bids you sweep
vigorously your kitchen, though it will next moment recommence the
gathering of dirt upon it); and that, in fine, after some reluctance in
the Law circles, and debating PRO and CONTRA, oral some of it, and done
in the King's presence, who is so intent to be convinced and see his
practical way in it, [At Potsdam, "4th January, 1776," Debate, by
solemn appointment, in the King's presence (King very unwell), between
Silesian-Chancellor von Carmer and Grand-Chancellor von Furst, as to the
feasibility of Carmer's ideas; old Furst strong in the negative;--King,
after reflection, determining to go on nevertheless. (Rodenbeck, iii.
131, 133.)]--there was, as supplement to the mere Project or Theory of
a CODEX FREDERICIANUS in Cocceji's time, an actual PRUSSIAN CODE set
about; Von Carmer, the Silesian Chancellor, the chief agent: and a
First Folio, or a First and partly a Second of it, were brought out in
Friedrich's lifetime, the remainder following in that of his Successor;
which Code is ever since the Law of the Prussian Nation to this day.
[Not finished and promulgated till "5th February, 1794;" First Volume
(containing PROZESS-ORDNUNG, Form of Procedure, in all its important
details) had come out "26th April, 1784" (Preuss, iii. 418-422).] Of
its worth as a Code I have heard favorable opinions, comparatively
favorable; but can myself say nothing: famed Savigny finds it superior
in intelligence and law-knowledge to the CODE NAPOLEON,--upon which
indeed, and upon all Codes possible to poor hag-ridden and wig-ridden
generations like ours, Savigny feels rather desperate. Unfortunate
mortals do want to have their bits of lawsuits settled, nevertheless;
and have, on trial, found even the ignorant CODE NAPOLEON a mighty
benefit in comparison to none!--
Readers all see how this Second Prussian Law-Reform was a thing
important to Prussia, of liveliest interest to the then King of Prussia;
and were my knowledge of it greater than it is, this is all I could
hope to say of it that would be suitable or profitable at present. Let
well-disposed readers take it up in their imaginations, as a fact and
mass of facts, very serious there and then; and color with it in some
degree those five or six last years of this King's life.
Connected with this Second Law Reform, and indeed partially a source of
it, or provocation to go on with it, mending your speed, there is one
little Lawsuit, called the MILLER ARNOLD CASE, which made an immense
noise in the world, and is still known by rumor to many persons, who
would probably be thankful, as certainly I myself should, for some
intelligible word on it. In regard to which, and to which alone, in this
place, we will permit ourselves a little more detail.
In the sandy moors towards the Silesian border of the Neumark, southwest
of Zullichau,--where we once were, with Dictator Wedell, fighting the
Russians in a tragic way,--there is, as was casually then indicated,
on one of the poor Brooks trickling into Oder, a Mill called KREBSMUHLE
(Crabmill); Millers of which are a line of dusty Arnolds, laboriously
for long generations grinding into meal the ryes, pulses, barleys of
that dim region; who, and whose Crabmill, in the year 1779-1780,
burst into a notoriety they little dreamt of, and became famous in the
fashionable circles of this Universe, where an indistinct rumor of them
lives to this day. We indicated Arnold and his Mill in Wedell's time;
Wedell's scene being so remote and empty to readers: in fact,
nobody knows on what paltriest of moors a memorable thing will not
happen;--here, for instance, is withal the Birthplace of that Rhyming
miracle, Frau Karsch (Karschin, KarchESS as they call her), the Berlin
literary Prodigy, to whom Friedrich was not so flush of help as had
been expected. The child of utterly poor Peasants there; whose poverty,
shining out as thrift, unweariable industry and stoical valor, is
beautiful to me, still more their poor little girl's bits of fortunes,
"tending three cows" in the solitudes there, and gazing wistfully into
Earth and Heaven with her ingenuous little soul,--desiring mainly
one thing, that she could get Books, any Book whatever; having
half-accidentally picked up the art of reading, and finding hereabouts
absolutely nothing to read. Frau Karsch, I have no doubt, knows the
Crabmill right well; and can, to all permissible lengths, inform the
Berlin Circles on this point. [See JORDENS (Karschin), ii. 607-640.] An
excellent Silesian Nobleman lifted her miraculously from the sloughs of
misery, landed her from his travelling-carriage in the upper world of
Berlin, "January, 1761" (age then thirty-nine, husband Karsch a wretched
drunken Tailor at Glogau, who thereupon enlisted, and happily got
shot or finished): Berlin's enthusiasm was, and continued to be,
considerable;--Karschin's head, I fear, proved weakish, though her
rhyming faculty was great. Friedrich saw her once, October, 1763,
spoke kindly to her (DIALOGUE reported by herself, with a Chodowiecki
ENGRAVING to help, in the MUSEN-ALMANACHS ensuing); and gave her a
10 pounds, but never much more:--"somebody had done me ill with him,"
thinks the Karschin (not thinking, "Or perhaps nobody but my poor self,
and my weakness of head"). She continued rhyming and living--certain
Principalities and High People still standing true--till "12th October,
1791."
Crabmill is in Pommerzig Township, not far from Kay:--Zullichau, Kay,
Palzig, Crossen, all come to speech again, in this Narrative; fancy how
they turned up in Berlin dinner-circles, to Dictator Wedell, gray old
gentleman, who is now these many years War-Minister, peaceable, and
well accepted, but remembers the flamy youth he had. Landlord of these
Arnolds and their Mill is Major Graf von Schmettau (no connection of our
Schmettaus),--to what insignificantly small amount of rent, I could
not learn on searching; 10 pounds annually is a too liberal guess.
Innumerable things, of no pertinency to us, are wearisomely told, and
ever again told, while the pertinent are often missed out, in that
dreary cart-load of Arnold Law-Papers, barely readable, barely
intelligible, to the most patient intellect: with despatch let us fish
up the small cardinal particles of it, and arrange in some chronological
or human order, that readers may form to themselves an outline of the
thing. In 1759, we mentioned that this Mill was going; Miller of it an
old Arnold, Miller's Lad a young. Here is the subsequent succession of
occurrences that concern us.
In 1762, Young Arnold, as I dimly gather, had got married, apparently
a Wife with portion; bought the Mill from his Father, he and Wife
co-possessors thenceforth;--"Rosine his Spouse" figuring jointly in all
these Law-Papers; and the Spouse especially as a most shifty litigant.
There they continue totally silent to mankind for about eight years.
Happy the Nation, much more may we say the Household, "whose Public
History is blank." But in the eighth year,
In 1770, Freyherr Baron von Gersdorf in Kay, who lies farther up the
stream, bethinks him of Fish-husbandry; makes a Fish-pond to himself,
and for part supply thereof, lays some beam or weir across the poor
Brook, and deducts a part of Arnold's water.
In 1773, the Arnolds fall into arrear of rent: "Want of water; Fish-pond
spoils our water," plead they to Major Graf von Schmettau. "Prosecute
Von Gersdorf, then," says Schmettau: "I must have my rent! You shall
have time, lengthened terms; but pay THEN, or else-!" For four years
the Arnolds tried more or less to pay, but never could, or never did
completely: during which period Major von Schmettau had them up in his
Court of Pommerzig,--manorial or feudal kind of Court; I think it is
more or less his, though he does not sit there; and an Advocate, not
of his appointing, though probably of his accepting, dispenses justice
there. Schlecker is the Advocate's name; acquitted by all Official
people of doing anything wrong. No appearance that the Herr Graf von
Schmettau put hand to the balances of justice in this Court; with his
eye, however, who knows but he might act on them more or less! And, at
any rate, be suspected by distressed Arnolds, especially by a distressed
Frau Arnold, of doing so. The Frau Arnold had a strong suspicion that
way; and seems to have risen occasionally upon Schlecker, who did once
order the poor woman to be locked up for contempt of Court: "Only two
hours!" asseverates Schlecker afterwards; after which she came out cool
and respectful to Court.
Not the least account survives of those procedures in Schlecker's Court;
but by accident, after many readings, you light upon a little fact which
does shed a transient ray over them. Namely, that already in 1775, four
years before the Case became audible in Official circles, much more in
general society, Frau Arnold had seized an opportunity, Majesty being
at Crossen in those neighborhoods, and presented a Petition: "Oh,
just King, appoint a MILITARY COMMISSION to investigate our business;
impartial Officers will speedily find out the facts, and decide what
is just!" [Preuss, iii. 382.] Which denotes an irritating experience in
Schlecker's Court. Certain it is, Schlecker's Court did, in this tedious
harassing way, decide against Frau Arnold in every point. "Pay Herr Graf
von Schmettau, or else disappear; prosecute Von Gersdorf, if you like!"
And, in fine, as the Arnolds could not pay up, nor see any daylight
through prosecuting Baron von Gersdorf, the big gentleman in
Kay,--Schlecker, after some five years of this, decreed Sale of the
Mill:--and sold it was. In Zullichau, September 7th, 1778, there is
Auction of the Mill; Herr Landeinnehmer (CESS-COLLECTOR) Kuppisch bought
it; knocked down to him for the moderate sum of 600 thalers, or 90
pounds sterling, and the Arnolds are an ousted family. "September
7th,"--Potato-War just closing its sad Campaign; to-morrow, march for
Trautenau, thirty horses to a gun.--
The Arnolds did make various attempts and appeals to the Neumark
REGIERUNG (College of Judges); but it was without the least result.
"Schlecker right in every point; Gersdorf right," answered the College:
"go, will you!" A Mill forfeited by every Law, and fallen to the
highest bidder. Cess-Collector Kuppisch, it was soon known, had sold
his purchase to Von Gersdorf: "Hah!" said the rural public, smelling
something bad. Certain it is, Von Gersdorf is become proprietor both of
Pond and Mill; and it is not to the ruined Arnolds that Schlecker law
can seem an admirable sample. And truly, reading over those barrow-loads
of pleadings and RELATIONES, one has to admit that, taken as a reason
for seeing oneself ruined, and one's Mill become the big gentleman's who
fancies carp, they do seem considerably insufficient. The Law-Pleadings
are duly voluminous. Barrow-loads of them, dreariest reading in
Creation, remain; going into all manner of questions, proving, from
Grotius and others, that landlords have rights upon private rivers, and
another sort upon public ditto; that Von Gersdorf, by Law of 1566, had
verily the right to put down his Fish-pond,--whether Schmettau the
duty to indemnify Arnold for the same? that is not touched upon: nor,
singular to say, is it anywhere made out, or attempted to be made out,
How much of water Arnold lost by the Pond, much less what degree of real
impediment, by loss of his own time, by loss of his customers (tired of
such waiting on a mill), Arnold suffered by the Pond. This, which you
would have thought the soul of the matter, is absolutely left out;
altogether unsettled,--after, I think, four, or at least three, express
Commissions had sat on it, at successive times, with the most esteemed
hydraulic sages opining and examining;--and remains, like the part of
Hamlet, omitted by particular desire. No wonder Frau Arnold begged for
a Military Commission; that is to say, a decision from rational human
creatures, instead of juridical wigs proceeding at this rate.
It was some time in 1775 that Rosine (what we reckoned a very
elucidative point!) had given in her Petition to the King at Crossen,
showing how ill Schlecker was using them. She now, "about Mayday, 1779,"
in a new Petition, referred to that, and again begged a Commission of
Soldier-people to settle it. May 4th, 1779,--King not yet home, but
coming, ["Arrived at Berlin May 27th" (Rodenbeck, iii. 201).]--King's
Cabinet, on Order, "SENDS this to Justice-Department;" nothing SAID
on it, the existence of the Petition sufficiently SAYING.
Justice-Department thereupon demands the Law-Records, documentary
Narrative of RES Arnold, from Custrin; finds all right: "Peace, ye
Arnolds; what would you have?" [Preuss, iii. 382.]
Same year, 1779 (no express date), Grand-Chancellor von Furst, being at
Custrin, officially examining the condition of Law-matters, Frau Arnold
failed not to try there also with a Petition: "See, great Law-gentleman
come to reform abuses, can that possibly be Law; or if so, is it not
Injustice as well?" "Tush!" answered Furst;--for I believe Law-people,
ever since this new stringency of Royal vigilance upon them, are plagued
with such complaints from Dorfships and dark greedy Peasant people;
"Tush!" and flung it promptly into his waste-basket.
Is there no hope at all, then? Arnold remembers that a Brother of his
is a Prussian soldier; and that he has for Colonel, Prince Leopold of
Brunswick, a Prince always kind to the poor. The Leopold Regiment
lies at Frankfurt: try Prince Leopold by that channel. Prince Leopold
listened;--the Soldier Arnold probably known to him as rational and
respectable. Prince Leopold now likewise applies to Furst: "A defect,
not of Law, Herr Kanzler, but of Equity, there does seem. Schmettau had
a right to his rent; Von Gersdorf, by Deed of 1566, to his Pond: but
the Arnolds had not water and have lost their Mill. Could not there,"
suggests Leopold, "be appointed, without noise of any kind, a Commission
of neutral people, strangers to the Neumark, to search this matter
to the actual root of it, and let Equity ensue?" To whom also Furst
answers, though in a politer shape, "Tush, Durchlaucht! Every man to his
trade!"
So that Prince Leopold himself, the King's own Nephew, proves futile?
Some think Leopold did, this very Autumn, casually, or as if casually,
mention the matter to the King,--whose mind is uneasily awake to
all such cases, knowing what a buckram set his Lawyers are. "At the
Reviews," as these people say, Leopold could not have done it; there
being, this Year, no Reviews, merely return of King and Army from the
Bavarian War. But during August, and on into September this Year, it
is very evident, there was a Visit of the Brunswick Family at Potsdam,
[Rodenbeck, iii. 206 et seq.] Leopold's Mamma and certain of his
Brothers,--of which, Colonel Prince Leopold, though not expressly
mentioned in the Books, may very possibly have been permitted, for a day
or two, to form part, for Mamma's behoof and his own; and may have made
his casual observation, at some well-chosen moment, with the effect
intended. In which case, Leopold was by no means futile, but proved,
after all, to be the saving clause for the Arnolds.
Gallant young fellow, one loves to believe it of him; and to add it to
the one other fact now known of him, which was also beautiful, though
tragic. Six years after, Spring, 1785, Oder River, swollen by rains, was
in wild deluge; houses in the suburbs like to be washed away. Leopold,
looking on it from the Bridge or shore, perhaps partly with an Official
eye, saw the inhabitants of some houses like to be drowned;
looked wildly for assistance, but found none; and did, himself, in
uncontrollable pity, dash off in a little boat, through the wild-eddying
surges; and got his own death there, himself drowned in struggling to
save others. Which occasioned loud lamentation in the world; in his poor
Mother's heart what unnamable voiceless lamentation! [Friedrich's Letter
to her: _OEuvres de Frederic,_ xxvii. i. 351 ("12th May, 1785").] He had
founded a Garrison School at Frankfurt; spared no expenditure of pains
or of money. A man adored in Frankfurt. "His Brother Friedrich, in
memory of him, presented, next year, the Uniform in which Leopold was
drowned, to the Freemason Lodge of Berlin, of which he had been member."
[_Militair-Lexikon,_ i. 24.] SUNT LACRYMAE RERUM.
But to return to the Arnolds, and have done with them: for we are now,
by Leopold's help or otherwise, got to the last act of that tedious
business.
August 21st, 1779 (these high Brunswickers still at Potsdam, if that had
any influence), the Arnolds again make Petition to the King: "Alas, no
justice yet, your Majesty!" "Shall we never see the end of this, then?"
thinks the King: "some Soldier, with human eyes, let him, attended by
one of their Law-wigs, go upon the ground; and search it!" And,
next day, having taken Protocol of the Arnold Complaint, issues
Cabinet-Order, or King's Message to the Custrin Law-wigs: "Colonel
Heucking [whose regiment lies in Zullichau district, a punctual enough
man], he shall be the Soldier; to whom do YOU adjoin what member of
your Court you think the fittest: and let, at last, justice be done. And
swift, if you please!"
The Custrin Regierung, without delay, name REGIERUNGS-RATH Neumann; who
is swiftly ready, as is Colonel Heucking swiftly,--and they two set out
together up the Pommerzig Brook, over that moor Country; investigating,
pondering, hearing witnesses, and no doubt consulting, and diligently
endeavoring to get to the bottom of this poor Arnold question. For how
many September days, I know not: everybody knows, however, that they
could not agree; in other words, that they saw TWO bottoms to it,--the
Law gentleman one bottom, the Soldier another. "True bottom is already
there," argued the Law gentleman: "confirm Decision of Court in
every point." "No; Arnold has lost water, has suffered wrong," thinks
Heucking; "that is the true bottom." And so they part, each with his
own opinion. Neumann affirmed afterwards, that the Colonel came with a
predetermination that way, and even that he said, once or oftener, in
his eagerness to persuade: "His Majesty has got it into his thought;
there will be nothing but trouble if you persist in that notion."
To which virtuous Neumann was deaf. Neumann also says, The Colonel,
acquainted with Austrian enemies, but not with Law, had brought with him
his Regiment's-Auditor, one Bech, formerly a Law-practitioner in Crossen
(readers know Crossen, and Ex-Dictator Wedell does),--Law-practitioner
in Crossen; who had been in strife with the Custrin Regierung, under
rebuke from them (too importunate for some of his pauper clients,
belike); was a cunning fellow too, and had the said Regierung in
ill-will. An adroit fellow Bech might be, or must have been; but his now
office of Regiment's-Auditor is certificate of honesty,--good, at least,
against Neumann.
Neumann's Court was silent about these Neumann surmises; but said
afterwards, "Heucking had not gone to the bottom of the thing." This was
in a subsequent report, some five or six weeks subsequent. Their present
report they redacted to the effect, "All correct as it stood," without
once mentioning Heucking. Gave it in, 27th September; by which time
Heucking's also was in, and had made a strong impression on his Majesty.
Presumably an honest, intelligible report; though, by ill-luck for the
curious, it is now lost; among the barrow-loads of vague wigged stuff,
this one Piece, probably human, is not to be discovered.
Friedrich's indignation at the Custrin report, "Perfectly correct as
it stood," and no mention of Heucking or his dissent, was considerable:
already, 27th September,--that is, on the very day while those Custrin
people were signing their provoking report,--Friedrich, confident
in Heucking, had transmitted to his Supreme Board of Justice
(KAMMERGERICHT) the impartial Heucking's account of the affair, with
order, "See there, an impartial human account, clear and circumstantial
(DEUTLICHES UND GANZ UMSTANDLICHES), going down to the true roots of the
business: swift, get me justice for these Arnolds!" [Preuss, iii. 480.]
Scarcely was this gone, when, September 29th, the Custrin impertinence,
"Perfectly right as it stood," came to hand; kindling the King into hot
provocation; "extreme displeasure, AUSSERSTES MISFALLEN," as his Answer
bore: "Rectify me all that straightway, and relieve these Arnolds of
their injuries!" You Pettifogging Pedant Knaves, bring that Arnold
matter to order, will you; you had better!--
The Custrin Knaves, with what feelings I know not, proceed accordingly;
appoint a new Commission, one or more Lawyers in it, and at least one
Hydraulic Gentleman in it, Schade the name of him; who are to go upon
the ground, hear witnesses and the like. Who went accordingly; and
managed, not too fast, Hydraulic Schade rather disagreeing from the
Legal Gentlemen, to produce a Report, reported UPON by the Custrin
Court, 28th October: "That there is one error found: 6 pounds 12s. as
value of corn LEFT, clearly Arnold's that, when his Mill was sold; that,
with this improvement, all is NOW correct to the uttermost; and that
Heucking had not investigated things to the bottom." By some accident,
this Report did not come at once to Friedrich, or had escaped his
attention; so that--
November 21st, matters hanging fire in this way, Frau Arnold applies
again, by Petition to his Majesty; upon which is new Royal Order, [Ib.
iii. 490.] far more patient than might have been expected: "In God's
name, rectify me that Arnold matter, and let us at last see the end of
it!" To which the Custriners answer: "All is rectified, your Majesty.
Frau Arnold, in her Petition, has not mentioned that she gained 6
pounds 12s.;"--important item that; 6 pounds 12s. for CORN left (clearly
Arnold's that, when his Mill was sold)! "Our sentence we cannot alter; a
Court's sentence is alterable only by appeal; your Majesty decides where
the appeal is to lie!" Friedrich's patience is now wearing out; but
he does not yet give way: "Berlin Kammergericht be your Appeal
Court," decides he, 28th November: and will admit of no delay on the
Kammergericht's part either. "Papers all at Custrin, say you? Send for
them by express; they will come in one day: be swift, I say!"
Chancellor Furst is not a willing horse in this case; but he is
obliged to go. December 7th, Kammergericht sits on the Arnold Appeal;
Kammergericht's view is: "Custrin papers all here, not the least delay
permitted; you, Judge Rannsleben, take these Papers to you; down
upon them: let us, if humanly possible, have a Report by to-morrow."
Rannsleben takes the Papers in hand December 7th; works upon them all
day, and all night following, at a rate of energy memorable among Legal
gentlemen; and December 8th attends with lucid Report upon them, or
couple of Reports; one on Arnold VERSUS Schmettau, in six folios; one on
Arnold VERSUS Gersdorf, in two ditto; draws these two Documents from his
pocket December 8th; reads them in assembled Court (six of the Judges
present) [Preuss, iii. 496.],--which, with marked thankfulness to the
swift Rannsleben, at once adopts his Report, and pronounces upon the
Custrin Raths, "Right in every particular." Witness our hands: every one
affixing his signature, as to a matter happily got done with.
It was Friday, 10th December, 1779, before Friedrich got this fine bit
of news; Saturday 11th, before he authentically saw their Sentence. He
is lying miserably ill of gout in the Schloss of Berlin; and I suppose,
since his Father, of blessed memory, took cudgel to certain Judges and
knocked out teeth from them, and broke the judicial crowns, nobody in
that Schloss has been in such humor against men of Law. "Attend me here
at 2 P.M. with the Three Raths who signed in Arnold's Case:" Saturday,
about 11 A.M., Chancellor Furst receives this command; gets Rannsleben,
and two others, Friedel, Graun,--and there occurred such a scene--But it
will be better to let Rannsleben himself tell the story; who has left
an AUTOBIOGRAPHY, punctually correct, to all appearance, but except this
alone notable passage of it, still unpublished, and like to continue
so:--
"BERLIN, TUESDAY, 7th DECEMBER, 1779," says Rannsleben (let him tell it
again in his own words), "the ACTA, which had arrived from Custrin IN RE
Miller Arnold and his Wife VERSUS Landrath von Gersdorf, as also those,
in the same matter, VERSUS Count von Schmettau, were assigned to me, to
be reported on QUAM PRIMUM;--our President von Rebeur," President of
the Supreme KAMMERGERICHT (King's-Chamber Tribunal, say Exchequer High
Court, or COLLEGIUM), whereof I have the honor to be one of the Seven
Judges, or RATHS,--"our President von Rebeur enjoining me to make such
utmost despatch that my Report on both these sets of Papers might be
read to the assembled Court next day; whereby said Court might then and
there be enabled to pronounce judgment on the same, I at once set to
work; went on with it all night; and on the morrow I brought both my
Reports (RELATIONES),"--one referring to the Gersdorf, the other to
the Schmettau part of the suit,--"one of six sheets, the other of two
sheets, to the Kammergericht; where both RELATIONES were read. There
were present, besides me, the following six members of the COLLEGIUM:
President von Rebeur, Raths Uhl, Friedel, Kircheisen, Graun, Gassler.
"Appellant," as we all know, "was Miller Arnold; and along with the ACTA
were various severe Cabinet-Orders, in which the King, who had taken
quite particular notice of the Case, positively enjoined, That Miller
Arnold should have justice done him. The King had not, however, given
formally any authoritative Decision of his own (KEINEN EIGENTLICHEN
MACHTSPRUCH GETHAN)," which might have given us pause, though not
full-stop by any means: "but, in his Order to the Kammergericht, had
merely said, we were to decide with the utmost despatch, and then at
once inform his Majesty how." With the speed of light or of thought,
Rannsleben hardly done reading, this Kammergericht decided,--it is well
known how: "In the King's name; right in every particular, you Custrin
Gentlemen;--which be so good as publish to parties concerned!"
Report of Kammergericht's Judgment to this effect, for behoof of
Custrin, was at once got under way; and Kammergericht, in regard to his
Majesty, agreed merely to announce the fact in that quarter: "Judgment
arrived at, please your Majesty;--Judgment already under way for
Custrin:"--you, Rannsleben, without saying what the Judgment is, you
again write for us. And Rannsleben does so; writes the above little
Message to his Majesty, "which got to the King's hand, Friday, December
10th. And the same day," continues Rannsleben, "the King despatched
a very severe Cabinet-Order to Minister von Dornberg,"--head of the
Department to which the Kammergericht belongs,--"demanding a Copy of the
Judgment. Which order was at once obeyed.
"Hereupon, on Saturday, about 11 A.M., there came to Grand-Chancellor
von Furst," sublime head of us and of all Lawyers, "a Cabinet-Order,
'Appear before me here, this day, at 2 o'clock; and bring with you your
Three Kammergericht Raths who drew up (MINUTIRT) the Judgment in the
Arnold Case.'" Message bodeful to Furst and the three Raths.
"NOTA," says Rannsleben here, "the King is under the impression that, in
judging a Case, Three Raths are always employed, and therefore demands
Three of us. But, properly, all the above-named Six MEMBRA COLLEGII,
besides myself, ought to have gone to the Palace, or else I alone." On
some points an ill-informed King. Rannsleben continues:--
"President von Rebeur came to me in his carriage, at a quarter to 12;
told me of the King's Order; and said, as the King demanded only Three
Raths, there was nothing for it but to name me and Raths Friedel and
Kircheisen, my usual partners in Judgment business. Finding, however,
on looking into the Sentence itself, that Kircheisen was not amongst the
signers of it, he [Rebeur] named, instead of him, Rath Graun, who was.
For the Herr President apprehended the King might demand to see our
Sentence IN ORIGINALI, and would then be angry that a person had been
sent to him who had not signed the same. President von Rebeur instructed
me farther, That I, as Reporter in the Case, was to be spokesman at the
Palace; and should explain to his Majesty the reasons which had weighed
with the Kammergericht in coming to such decision.
"To my dear Wife I," as beseemed a good husband, "said nothing of all
this; confiding it only to my Father-in-law, who tried to cheer me. Nor,
indeed, did I feel any fear within me, being persuaded in my conscience
that, in this decision of the Arnold Case, I had proceeded according to
the best of my knowledge and conviction.
"At 1 o'clock I drove to the Grand-Chancellor's, where I found the
Raths Friedel and Graun already arrived. The Chancellor," old Furst,
"instructed us as to what we had to do when we came before the King. And
then, towards 2 o'clock, he took us in his carriage to the Palace. We
entered the room immediately at the end of the Great Hall. Here we found
a heyduc [tall porter], by whom the Chancellor announced to the King
that we were here. Heyduc soon came back to inquire, Whether the
CABINETS-RATH Stellter," a Secretary or Short-hand writer of his
Majesty's, "had arrived yet; and whether we [WE, what a doubt!] were
Privy Councillors. We were then shortly after shown in to the King. We
passed through three rooms, the second of which was that in which stands
the CONFIDENZ TAFEL [Table that goes by pulleys through the floor, and
comes up refurnished, when you wish to be specially private with your
friends]. In the fourth, a small room with one window, was the King. The
Chancellor walked first; I followed him close; behind me came the Rath
Friedel, and then Graun. Some way within, opposite the door, stood a
screen; with our backs to this," the Kingward side of this, "we ranged
ourselves,"--in respectful row of Four, Furst at the inward end of us
(right or left is no matter). "The King sat in the middle of the room,
so that he could look point-blank at us; he sat with his back to the
chimney, in which there was a fire burning. He had on a worn hat, of the
clerical shape [old-military in fact, not a shovel at all]; CASSAQUIN,"
short dressing-gown, "of red-brown (MORDORE) velvet; black breeches, and
boots which came quite up over the knee. His hair was not dressed. Three
little benchlets or stools, covered with green cloth, stood before him,
on which he had his feet lying [terribly ill of gout]. In his lap he had
a sort of muff, with one of his hands in it, which seemed to be giving
him great pain. In the other hand he held our Sentence on the Arnold
Case. He lay reclining (LAG) in an easy-chair; at his left stood a
table, with various papers on it,--and two gold snuffboxes, richly set
with brilliants, from which he kept taking snuff now and then.
"Besides us, there was present in the room the Cabinets-Rath Stellter
[of the short-hand], who stood at a desk, and was getting ready for
writing. The King looked at us, saying, 'Come nearer!' Whereupon we
advanced another step, and were now within less than two steps of him.
He addressed himself to us three Raths, taking no notice at all of the
Grand-Chancellor:--
KING. "'Is it you who drew up the judgment in the Arnold case?'
WE (especially I, with a bow). "'Yea.'
"The King then turned to the Rath Friedel [to Friedel, as the central
figure of the Three, perhaps as the portliest, though poor Friedel,
except signing, had little cognizance of the thing, in which not he but
Rannsleben was to have been spokesman], and addressed to Friedel those
questions, of which, with their answers, there is Protocol published,
under Royal authority, in the Berlin newspapers of December 14th, 1779;"
[VON SEINER KONIGLICHEN MAJESTAT HOCHSTSELBAT ANGEHALTENES PROTOCOLL:
"Protocol [Minute of Proceedings] held by Royal Majesty's Highest-self,
on the 11th December, 1779, concerning the three Kammergerichts-Raths,
Friedel, Graun and Rannsleben:" in PREUSS, iii. 495.] Shorthand Stellter
taking down what was said,--quite accurately, testifies Rannsleben. From
Stellter (that is to say from the "Protocol" just mentioned), or from
Stellter and Rannsleben together, we continue the Dialogue:--
KING to Friedel [in the tone of a Rhadamanthus suffering from gout].
"'To give sentence against a Peasant from whom you have taken wagon,
plough and everything that enables him to get his living, and to pay his
rent and taxes: is that a thing that can be done?'
FRIEDEL (and the two Mutes, bowing). "'No.'
KING. "'May a Miller who has no water, and consequently cannot grind,
and, therefore, not earn anything, have his mill taken from him, on
account of his not having paid his rent: is that just?'
FRIEDEL (and Mutes as aforesaid). "'No.'
KING. "'But here now is a Nobleman, wishing to make a Fish-pond: to get
more water for his Pond, he has a ditch dug, to draw into it the water
from a small stream which drives a water-mill. Thereby the Miller loses
his water, and cannot grind; or, at most, can only grind in the spring
for the space of a fortnight, and late in the autumn, perhaps another
fortnight. Yet, in spite of all this, it is pretended that the Miller
shall pay his rent quite the same as at the time when he had full water
for his mill. Of course, he cannot pay his rent; his incomings are gone!
And what does the Custrin Court of Justice do? It orders the mill to
be sold, that the Nobleman may have his rent. And the Berlin
Tribunal'"--Chancellor Furst, standing painfully mute, unspoken to,
unnoticed hitherto, more like a broomstick than a Chancellor, ventures
to strike in with a syllable of emendation, a small correction, of these
words "Berlin Tribunal"--
FURST (suggestively). "'Kammergericht [mildly suggestive, and perhaps
with something in his tone which means, "I am not a broomstick!"]:
Kammergericht!'
KING (to short-hand Stellter). "'Kammergerichts-Tribunal:--[then to
Furst] Go you, Sir, about your business, on the instant! Your
Successor is appointed; with you I have nothing more to do.
Disappear!'"--"Ordered," says Official Rannsleben, "ordered the
Grand-Chancellor, in very severe terms, To be gone! telling him that
his Successor was already appointed. Which order Herr von Furst, without
saying a word, hastily obeyed, passing in front of us three, with the
utmost speed." In front,--screen, I suppose, not having room behind
it,--and altogether vanishes from Friedrich's History; all but some
GHOST of him (so we may term it), which reappears for an instant once,
as will be noticed.
KING (continues to Friedel, not in a lower tone probably):--"'the
Kammergerichts-Tribunal confirms the same. That is highly unjust; and
such Sentence is altogether contrary to his Majesty's landsfatherly
intentions:--my name [you give it, "In the King's Name," forsooth]
cruelly abused!'"
So far is set forth in the "Royal Protocol printed next Tuesday," as
well as in Rannsleben. But from this point, the Dialogue--if it can be
called Dialogue, being merely a rebuke and expectoration of Royal wrath
against Friedel and his Two, who are all mute, so far as I can learn,
and stand like criminals in the dock, feeling themselves unjustly
condemned--gets more and more into conflagration, and cannot be
distinctly reported. "MY name to such a thing! When was I found to
oppress a poor man for love of a rich? To follow wiggeries and forms
with solemn attention, careless what became of the internal fact? Act
of 1566, allowing Gersdorf to make his Pond? Like enough;--and Arnold's
loss of water, that is not worth the ascertaining; you know not yet what
it was, some of you even say it was nothing; care not whether it was
anything. Could Arnold grind, or not, as formerly? What is Act of 1566,
or any or all Acts, in comparison? Wretched mortals, had you wigs
a fathom long, and Law-books on your back, and Acts of 1566 by the
hundredweight, what could it help, if the right of a poor man were left
by you trampled under foot? What is the meaning of your sitting there
as Judges? Dispensers of Right in God's Name and mine? I will make an
example of you which shall be remembered!--Out of my sight!" Whereupon
EXEUNT in haste, all Three,--though not far, not home, as will be seen.
Only the essential sense of all this, not the exact terms, could (or
should) any Stellter take in short-hand; and in the Protocol it is
decorously omitted altogether. Rannsleben merely says: "The King farther
made use of very strong expressions against us,"--too strong to be
repeated,--"and, at last, dismissed us without saying what he intended
to do with us. We had hardly left the room, when he followed us,
ordering us to wait. The King, during the interview with us, held
the Sentence, of my composition, in his hand; and seemed particularly
irritated about the circumstance of the judgment being pronounced in his
name, as is the usual form. He struck the paper again and again with
his other hand,"--heat of indignation quite extinguishing gout, for the
moment,--"exclaiming at the same time repeatedly, 'Cruelly abused my
name (MEINEN NAMEN CRUEL MISSBRAUCHT)!'" [Preuss, iii. 495-498.]--We
will now give the remaining part of the Protocol (what directly follows
the above CATECHETICAL or DIALOGUE part before that caught fire),--as
taken down by Stellter, and read in all the Newspapers next Tuesday:--
"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,_ 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 you 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 his
Mill, and make good to him, out of their own pocket, all the loss
and damage he has suffered in this business; the Neumark KAMMER
(Revenue-Board) to tax and estimate the same. [Damage came to 1,358
thalers, 11 groschen, 1 pfennig,--that is, 203 pounds 14s. and some
pence and farthings; the last farthing of which was punctually paid to
Arnold, within the next eight months;] [Preuss, iii. 409.]--so that
"3. The Miller Arnold shall be completely put as he was (IN INTEGRUM
RESTITUIRT).
"And in such way must the matter, in all branches of it, be immediately
proceeded with, got ready, and handed in for my Completion (VOLLZIEHUNG)
by Signature. Which you, therefore, will take charge of, without delay.
For the rest, I will tell you farther, that I am not ill pleased to know
you on the side you show on this occasion [as a man that will not go
against his conscience], and shall see, by and by, what I can farther do
with you. [Left him where he was, as the best thing.] Whereafter you
are accordingly to guide yourself. And I remain otherwise your
well-affectioned King, FRIEDRICH." [Ib. iii. 519, 520; see ib. 405 n.]
This, then, is an impartial account of the celebrated passage between
Friedrich and the Lawyers known by the name of "the MILLER-ARNOLD CASE;"
which attracted the notice of all Europe,--just while the decennium of
the French Revolution was beginning. In Russia, the Czarina Catharine,
the friend of Philosophers, sent to her Senate a copy of Friedrich's
PROTOCOL OF DECEMBER 11th, as a noteworthy instance of Royal supreme
judicature. In France, Prints in celebration of it,--"one Print
by Vangelisti, entitled BALANCE DE FREDERIC,"--were exhibited
in shop-windows, expounded in newspapers, and discoursed of in
drawing-rooms. The Case brought into talk again an old Miller Case
of Friedrich's, which had been famous above thirty years ago, when
Sans-Souci was getting built. Readers know it: Potsdam Miller, and his
obstinate Windmill, which still grinds on its knoll in those localities,
and would not, at any price, become part of the King's Gardens. "Not at
any price?" said the King's agent: "Cannot the King take it from you
for nothing, if he chose?" "Have n't we the Kammergericht at Berlin!"
answered the Miller. To Friedrich's great delight, as appears;--which
might render the Windmill itself a kind of ornament to his Gardens
thenceforth. The French admiration over these two Miller Cases continued
to be very great. [Dieulafoi, LE MEUNIER DE SANS-SOUCI (Comedy or farce,
of I know not what year); Andrieux, LE MOULIN DE SANS-SOUCI ("Poem," at
INSTITUT NATIONAL 15 GERMINAL, AN 5), &c. &c.: Preuss, iii. 412, 413.]
As to Miller Arnold and his Cause, the united voice of Prussian Society
condemned Friedrich's procedure: Such harshness to Grand-Chancellor
Furst and respectable old Official Gentlemen, amounting to the barbarous
and tyrannous, according to Prussian Society. To support which feeling,
and testify it openly, they drove in crowds to Furst's (some have told
me to the Prison-doors too, but that seems hypothetic); and left cards
for old Furst and Company. In sight of Friedrich, who inquired, "What is
this stir on the streets, then?"--and, on learning, made not the least
audible remark; but continued his salutary cashierment of the wigged
Gentlemen, and imprisonment till their full term ran.
My impression has been that, in Berlin Society, there was more
sympathy for mere respectability of wig than in Friedrich. To Friedrich
respectability of wig that issues in solemnly failing to do justice,
is a mere enormity, greater than the most wigless condition could be.
Wigless, the thing were to be endured, a thing one is born to, more or
less: but in wig,--out upon it! And the wig which screens, and would
strive to disguise and even to embellish such a thing: To the gutters
with such wig!
In support of their feeling for Furst and Company, Berlin Society was
farther obliged to pronounce the claim of Miller Arnold a nullity, and
that no injustice whatever had been done him. Mere pretences on his
part, subterfuges for his idle conduct, for his inability to pay due
rent, said Berlin Society. And that impartial Soldier-person, whom
Friedrich sent to examine by the light of nature, and report? "Corrupted
he!" answer they: "had intrigues with--" I forget whom; somebody of the
womankind (perhaps Arnold's old hard-featured Wife, if you are driven
into a corner!)--"and was not to be depended on at all!" In which
condemned state, Berlin Society almost wholly disapproving it, the
Arnold Process was found at Friedrich's death (restoration of honors to
old Furst and Company, one of the first acts of the New Reign, sure of
immediate popularity); and, I think, pretty much continues so still, few
or none in Berlin Society admitting Miller Arnold's claim to redress,
much less defending that onslaught on Furst and the wigs. [Herr Preuss
himself inclines that way, rather condemnatory of Friedrich; but
his Account, as usual, is exact and authentic,--though distressingly
confused, and scattered about into different corners (Preuss, iii.
381-413; then again, ibid. 520 &c.). On the other hand, there is one
Segebusch, too, a learned Doctor, of Altona, who takes the King's
side,--and really is rather stupid, argumentative merely, and
unilluminative, if you read him: Segebusch, _Historischrechtliche
Wurdigung der Einmischung Friedrich's des Grossen in die bekannte
Rechtssache des Mullers Arnold, auch fur Nicht-Juristen_ (Altona,
1829).]
Who, from the remote distance, would venture to contradict? Once more,
my own poor impression was, which I keep silent except to friends,
that Berlin Society was wrong; that Miller Arnold had of a truth lost
portions of his dam-water, and was entitled to abatement; and that
in such case, Friedrich's horror at the Furst-and-Company Phenomenon
(horror aggravated by gout) had its highly respectable side withal.
When, after Friedrich's death, on Von Gersdorf's urgent reclamations,
the case was reopened, and allowed to be carried "into the Secret
Tribunal, as the competent Court of Appeal in third instance," the said
Tribunal found, That the law-maxim depended upon by the Lower Courts, as
to "the absolute right of owners of private streams," did NOT apply
in the present case; but that the Deed of 1566 did; and also that "the
facts as to pretended damage [PRETENCE merely] from loss of water, were
satisfactorily proved against Arnold:" Gersdorf, therefore, may have his
Pond; and Arnold must refund the money paid to him for "damages" by the
condemned Judges; and also the purchase-money of his Mill, if he means
to keep the latter. All which moneys, however, his Majesty Friedrich
Wilhelm II., Friedrich's Successor, to have done with the matter,
handsomely paid out of his own pocket: the handsome way of ending it.
In his last journey to West-Preussen, June, 1784, Friedrich said to the
new Regierungs-President (Chief Judge) there: "I am Head Commissary of
Justice; and have a heavy responsibility lying on me,"--as will you
in this new Office. Friedrich at no moment neglected this part of his
functions; and his procedure in it throughout, one cannot but admit
to have been faithful, beautiful, human. Very impatient indeed when he
comes upon Imbecility and Pedantry threatening to extinguish Essence
and Fact, among his Law People! This is one MARGINALE of his, among many
such, some of them still more stinging, which are comfortable to every
reader. The Case is that of a murderer,--murder indisputable; "but may
not insanity be suspected, your Majesty, such the absence of motive,
such the--?" Majesty answers: "That is nothing but inanity and stupid
pleading against right. The fellow put a child to death; if he were a
soldier, you would execute him without priest; and because this CANAILLE
is a citizen, you make him 'melancholic' to get him off. Beautiful
justice!" [Preuss, iii. 375.]
Friedrich has to sign all Death-Sentences; and he does it, wherever I
have noticed, rigorously well. For the rest, his Criminal Calendar
seems to be lighter than any other of his time; "in a population of
5,200,000," says he once, "14 to 15 are annually condemned to death."