CHAPTER IV

THE KAISER AND "LÈSE-MAJESTÉ"

The talents and ability and agreeable personality of the German

Emperor must not blind us to the fact that he is the centre of

the system which has brought the world to a despair and misery

such as it never has known since the dawn of history. We must

remember that all his utterances disclose the soul of the

conqueror, of a man intensely anxious for earthly fame and a

conspicuous place in the gallery of human events; envious, too,

of the great names of the past, his ears so tuned for admiration

and applause that they fail to hear the great, long drawn wail of

agony that echoes around the world. His eyes are so blinded with

the sheen of his own glory that they do not see the mutilated

corpses, the crime, the pestilence, the hunger, the incalculable

sorrow that sweeps the earth from the jungles of Africa to the

frozen plains of the North, from Siberia to Saskatchewan, from

Texas to Trieste, from Alaska to Afghanistan--everywhere he has

brought the dark angel of mourning to millions upon millions of

desolate homes.

Do you remember that picture of the Conquerors, Cæsar and

Alexander, Attila and Napoleon, Charlemagne and Cambyses, astride

their horses or in chariots in the centre of the picture, dark,

gloomy, menacing? On each side of them, lining a vast plain that

fades in the distance, lie the dead--stiff, cold, grey,

reproachful;--yet all the victims of those conquerors, as well as

all their battalions do not equal the countless number that have

already drenched a forgiving earth with their dying blood in this

war:--victims all of the vain-glorious ambition of a single

mortal--the German Kaiser.

But the despot who sends his subjects to die, as Frederick the

Great said, "in order to be talked about" is not indigenous to

any one particular country. Like conditions produce like results.

The career of Louis XIV, the "Sun King," for instance, whose wars

and extravagances sowed the seeds of the French Revolution, is

epitomised in two phrases uttered by him: "I am the State" and "I

almost had to wait."

After the French Revolution, another despot, the first Napoleon,

not only sought the conquest of the world, but made his ex-waiter

and ex-groom marshals and his washerwomen duchesses ape the

manners and customs of the old régime. Despotism has been

characteristic of many generations but the world had thought

itself rid of the worst offenders.

Royalty still lives to torture and retard civilisation. Its

methods of perpetuation are unchanged from the middle ages. What

is lèse-majesté but a survival of feudalism, a kind of slavery to

inviolable tradition--the immunity of the monarch and his family

from that criticism and freedom of discussion which is the

essence of democracy?

[Illustration: THE UNITED STATES EMBASSY STAFF, BERLIN: MR.

GERARD IN THE CENTER]

To commit lèse-majesté, to speak slightingly of royalty in

Germany, is a very serious offence.

I have taken the following examples of decisions in lèse-majesté

cases not from the records of the lower courts, the decisions of

which may be reversed, but from the records of the Imperial

Supreme Court at Leipzig, the highest court in the land.

For instance: The defendant, a speaker at a meeting consisting

chiefly of sympathisers with the socialist cause, made the

following statement in reference to a speech of the Kaiser:

"Under the protection of the highest power of the State the

gauntlet has been flung before the (socialist) Party, the

gauntlet which means a combat for life and death. Well, then, so

far as the insult concerns our Party, we are so far above it,

that the mudslinging--no matter from what direction it may

come--cannot touch us."

The defence pointed out that the defendant "had considered each

word carefully before he had made the speech, and that in doing

so, wanted to avoid any possibility of lèse-majesté."

The Supreme Court held that although the defendant carefully

selected his words and tried to evade prosecution, he must be

adjudged guilty, because his audience could not have misunderstood

the insinuation. The sentence was affirmed.

Dangerous as it is to say anything that can be construed as

derogatory of the authority, of the Kaiser it is equally

dangerous to attack the dead members of the Royal House.

The editor of the _Volkswacht_ had published in his paper an

article entitled "The German Characteristics of the Hohenzollerns"

which the Lower Court interpreted to be a reply to a statement of

the Kaiser, which had referred to a group of people considered

unworthy by him to be called "Germans." Without doubt the editor

was alluding to the Kaiser's speech, made at Koenigsberg to the

newly enlisted army recruits, in which he called the socialists

"vaterlandslose Gesellen," i.e., scoundrels without any country.

The writer, however, discussed "the conduct of the Elector

Joachim of Brandenburg and of his brother Albrecht, Elector of

Mainz, before and during the election of Emperor Charles V."

The defence claimed that the defendant could not be held guilty

of lèse-majesté against the Kaiser since the defendant "criticised

the Kaiser's ancestors and not the Kaiser himself." But the Court

held that it was the intent of the defendant to discredit the

"House of the Hohenzollerns, and that the Kaiser by implication,

being the living head of the Hohenzollern family, was thereby

insulted." The Court further states that the defendant's article

could not be regarded as a scientific or historical contribution

since the _Volkswacht's_ subscribers, consisting chiefly of

workingmen, had neither any understanding of nor interest in

dynastic intrigues of the sixteenth century.

Even those Americans who have expressed themselves freely about

the Kaiser will, after the war is over, be compelled to take

their "cures" in some country other than Germany, for in one

case it was held that an American citizen was rightfully

convicted in Baden of lèse-majesté because of statements made by

him in Switzerland.

The Court held that the judgment of the Lower Court must be

sustained, since the German Imperial Laws have precedence over

any treaties engaged in by the Grand Duchy of Baden and the

United States and "that the fact that the defendant had become a

citizen of the United States does not exempt him from prosecution

in the German Imperial Courts."

In another case a newspaper editor criticised a speech delivered

by the Kaiser before the Reichstag on December 6th, 1898. The

defendant did not refer to the person of the emperor himself, but

simply attacked and ridiculed the propositions and proposals made

by His Imperial Majesty. The defence pointed out that the

Kaiser's speech was not an act of the Kaiser's own personal will,

but only an act of government for which the Imperial Chancellor

should be responsible, and that the defendant was not conscious

of the fact that the criticism contained in his article could be

an insult to the person of the Kaiser.

It was held, however, by the Court that a criticism of the

Kaiser's speech at the opening of the Reichstag is _always_ to be

regarded as a criticism of the Kaiser's person, and that the plea

that the Imperial Chancellor should be responsible for acts of

government of this sort is not sustained.

In other words it is, in Germany, a crime to criticise or

ridicule any proposition uttered by the sacred lips of the

Kaiser.

If the Kaiser announces that two and two make five, jail awaits

the subject who dares to ridicule that novel arithmetical

proposition.

It is because of these convictions for lèse-majesté that the

Berliners, when discussing the Emperor at their favourite table

or "Stammtisch" in the beer halls and cafés, always refer to him

as "Lehmann."

Face to Face with Kaiserism · 第 4 / 27 章