CHAPTER XII.

A LUKEWARM DEFENCE.

ULDALL'S SPEEDY REPLY--BREACH OF THE LAW--WEAK

ARGUMENTS--PERSONALITIES APPEALED AGAINST--EXPLANATIONS--AN APPEAL

TO MERCY--FALCKENSKJOLD'S OPINION OF THE AFFAIR--REVERDIL SPEAKS

HIS MIND--CONDUCT OF THE FAVOURITES--THE BRIBE TO HOLCK--COUNT

BERNSTORFF--THE FISCAL GENERAL'S REPLY--A SAVAGE OPPONENT.

On the very next day after Wiwet's indictment was handed in to the

commission, the following written defence was delivered to the judges.

It is clear that Advocate Uldall could not have produced a reply to

the indictment so quickly unless the accusation had been delivered to

him beforehand, which was not only a breach of the law, and proves the

haste with which condemnation and execution were desired, but also

supplies a further and striking proof of the plans of the conspirators.

After they had thrown their victims into chains, they hurried to play

out the judicial farce, and shed the blood for which they thirsted.

ULDALL'S DEFENCE OF COUNT STRUENSEE.

The command which his Majesty the King most graciously sent to me on

March 23, orders me to conduct this cause in a responsible manner, and

according to the law, on behalf of Count Struensee.

It is this duty which I shall now strive to fulfil with all the

moderation which the count owes to his judges in his defence.

Among the unfortunate circumstances which beset him at the present

moment, there is one which is the more painful to him, because it was

unexpected. This circumstance is, that the Fiscal General tries to

render all the count's actions contemptible and ridiculous.

That everything should be converted into a motive for finding him

guilty is a natural, though unfortunate, result of the situation in

which he finds himself placed. But that his external situation, his

origin, and his first position; his mode of thinking, even in instances

where it was correct, should be subjected to mockery--against this, at

least, he believed himself to be protected, if not out of compassion

for an unfortunate man, at any rate on account of the favour which the

king had formerly shown him, and in consideration of the applause which

his Majesty granted to the political principles in accordance with

which he, the count, acted.

There is hardly a circumstance, however insignificant it may be,

which has not been employed by the Fiscal General for the purpose of

rendering Count Struensee odious.

He is called a foreigner, although through the appointment of his

father as superintendent in Holstein, in Struensee's youth, the latter

became a royal subject. That he was not possessed of the Danish

language is certainly a defect, which, however, has also been found in

other ministers, although it has never before been constituted a state

crime.

If he had a share in the cabinet order which limits the granting

of "characters," and which is still in existence, I believe that

no patriot ever denied, or does deny, its necessity and advantage,

and if the character of a councilor of justice was not fitted for a

mathematician, as the count's brother was, this cannot be charged

against Count Struensee, because his brother had been Justiz-rath long

before he came here.

Even to religion, the only consolation left him in his misfortune, he

is not considered worthy to possess it.

It would lead too far were I to examine everything which has in such

a way been brought forward without ground in the Fiscal General's

indictment. Everybody knows that this mode of conviction, rendering

a cause ridiculous and odious, is not conclusive, because there is

nothing which cannot be rendered ridiculous in one way or the other;

and, moreover, most of the Fiscal General's imputations exceed that

which, by the king's command, is to be discussed before this commission.

Count Struensee is to be charged and convicted for crimes against the

laws of the land, and it is in this I have to defend him. As such, the

Fiscal General alleges nine various chief points, which are said to

be equally as many crimes of high treason. But as all these charges

generally either concern the state arrangements, and the form and

administration of the government, or are crimes against the person of

his Majesty the King and members of the royal house, I will give my

answers to them after the above divisions.

The first charge brought against Count Struensee, is the cabinet decree

of July 14, 1771, and the authority delivered to him by it.

In order to convict him of audacity in this, the Fiscal General employs

two different grounds: partly, Count Struensee's impudence in mixing

himself up, though a physician, in affairs of state, and in abolishing

the council, whence disorder in the affairs, oppression of the nation

and the nobility, and a decrease of the prosperity of the capital, are

said to have emanated: partly, that the power which he obtained was

royal, as he formed resolutions, and signed in the king's name, and had

it in his power to lay before the king the objections sent in against

the cabinet decrees, or not to do so, which is said to be opposed to

articles 3 and 26 of the _Lex Regia_, in which such a possession of

power is declared to be treason.

It appears as if the first of the grounds alleged by the Fiscal General

exceeds his competency to examine, and that of the commission to

decide. For, as the share which Count Struensee had in affairs only

emanated from the king's will, Count Struensee cannot be rendered

responsible for this, because the consequences must revert to his

Majesty.

An investigation, whether Count Struensee ought to give the king advice

in affairs of state, and what results this advice had, is in reality

an examination as to how his Majesty established the government; and

Count Struensee cannot be called to account for the advice he gave,

as it met with the king's approval. Still I do not see how this can

be made a crime on the part of Count Struensee. It is certainly true

that his original position did not seem to promise the dignity which

he eventually acquired. But history offers many instances of such

elevation, and, if the king fancied he deserved it, was not Struensee

at liberty to accept it?

The form of the council is no material portion of the Danish

constitution. That the king was dissatisfied with its arrangement, is

visible from many passages in the examination; and there can be no

better proof of this than that his Majesty signed the decree of its

abolition with his own hand. Even though Count Struensee advised it,

we find from Count Brandt's explanation to quest. 18, that several

persons considered his sentiments correct, and that the plan was that

the colleges should be heard in ordinary cases, and commissions in

extraordinary affairs, the final decision being left to the king; so

that it cannot be asserted that the royal power was thus rendered

greater or less than it should be according to the _Lex Regia_.

For a belief that affairs consequently were carried on with less

vigour than before, or that the nation was unequally oppressed by the

promotion of foreigners, neither the documents nor experience afford a

reason.

No other noble was prohibited from appearing at court except Count

Laurvig (Ahlefeldt Laurvig), who had met with the same fate once

before; and if several nobles retired to their estates, and Copenhagen

suffered through the declension of luxury, this may be ascribed to the

hard times rather than other causes.

If we were to examine the matter politically, the prosperity of the

two kingdoms could hardly be sought in the size of Copenhagen, and the

value of its buildings. Nor do I believe that the wise king, Frederick

IV., when he laid on Copenhagen a consumption tax double that of the

other cities in the country, so much intended the increase of his

revenues, as to prevent the too rapid growth of a single city, which

would at last attract to it all the sources of a livelihood. France and

England have long complained that their capitals insensibly swallowed

up everything; and experience has shown that the Duc de Sully reasoned

correctly, when he, in order to prevent this, decided that those French

nobles who were not employed in the public service should sooner serve

the state and themselves by good management of their estates, than ruin

themselves and other families by indolence and extravagance.

As regards the second of the Fiscal General's grounds--Count

Struensee's authority--it cannot be denied that his Majesty the King

was at liberty to grant his confidence to whom he pleased, and decide

to what extent he should confer it on Count Struensee.

The decree of July 14, 1771, states that the cabinet minister shall

draw up the commands which the king gives him verbally, and either lay

them before the king for signature, or issue them in the king's name

with the seal of the cabinet, after which they shall be obeyed by every

one.

It is not, therefore, the person of the cabinet minister, but the

orders given him by his Majesty himself, and which the king makes known

through him, that acquire value through this order.

The cabinet was nothing else but the king himself, and Count Struensee

was so far from apprehending that he should be confounded with it,

that, whenever any one wrote to him as cabinet minister on business

matters, he answered that application must be made to the cabinet or

the king. He especially remembers that this was the case with General

Huth. In the cabinet nothing took place, and not the slightest order

was issued from it save under royal authority. The king saw and heard

everything that was sent in from the colleges or elsewhere; and himself

gave the decision, sometimes in writing, sometimes verbally. Nothing

could escape his Majesty's attention, because affairs were repeatedly

brought before him: first, when the cabinet order was issued; secondly,

when the report was sent in about it by the persons concerned; and,

lastly, when the weekly extract of the cabinet orders was approved.

Everything was done in the king's name. His Majesty signed the decree

in question with his own hand, and from his own most gracious _motu

proprio_ appointed Count Struensee cabinet minister.

Just as there cannot lie in this the slightest supposition of a

surprise, so we cannot see in it any encroachment on the royal

authority. It seems, therefore, as if Count Struensee were reproached

more for what might have happened than for what really did happen,

for the Fiscal General dwells more particularly on the danger which

was to be apprehended, in the event of the count misusing the king's

confidence in issuing other orders than those which the king gave him.

In order to prevent this, it is said the _Lex Regia_ has commanded

the king to sign everything himself, and declared any man guilty of

encroachment on the king's supremacy who appropriated any function

opposed to this. But I trust I shall have no difficulty in proving

that this reasoning is incorrect. How most unfair a law would be that

punished a man because he possessed the opportunity for sinning,

although he never made an attempt to take advantage of the opportunity!

Hence Count Struensee cannot be punished because he might possibly have

misused the king's confidence, unless it is notorious that he did so.

The royal law never desired such a thing, for the two articles quoted

from it do not agree with it. It is true that article 7 orders that all

letters on business of the government shall be issued in no other name

but the king's, and under his seal, and that he must sign himself, if

he has attained his majority (his fourteenth year). Furthermore, it is

true that article 26, states that the man who acquires anything which

might encroach on the king's authority shall be regarded as an insulter

of his Majesty. But what is it that Count Struensee acquired, and which

was injurious to the king's supremacy? The count cannot be accused of

this by the first part of article 7 of the _Lex Regia_; for no one

will deny that the letters and decrees of the government were issued

in the king's name. But if it be true that his Majesty did not always

himself sign the cabinet decrees, it must be remembered that this point

concerns his Majesty, and no one else. It is clear that Count Struensee

cannot be made accountable because it did not always please his Majesty

to sign, and that the royal authority has suffered, or could suffer, no

encroachment, as it was dependent on the king's will whether he would

sign an order himself, or specially command Count Struensee to sign it

in his Majesty's name.

To this argument must be added, that the _Lex Regia_ does not regard

it as an important part of or an insult to the royal authority to sign

in the king's name, for article 9 prescribes that the regents should

sign in the event of the king's minority, although article 13 orders

them to take oath that they will maintain the supremacy uninjured, an

oath which would be contradictory if the signature formed a material

part of the supremacy: that, consequently, the _Lex Regia_, like other

states, for instance, France and Spain, regards the expedition, and

not the signature, as the true symbol of supremacy. Formerly this

was understood in such a way, as both the colleges and other royal

officials, in many instances, made the king's will known, and still do

so, in his name, but without his signature. Nor did any one represent

to Count Struensee that it was a thing contrary to the _Lex Regia_ to

do so. And, lastly, his Majesty's own special order of July 14, 1771,

is sufficient to remove the responsibility from him, even if there were

a crime in doing so, as it was only in accordance with his Majesty's

commands, and to prove his most submissive obedience to the king's will

that he acted thus, and were it otherwise, no one would be secured by a

royal order.

The Fiscal General, in points 5, 6, and 7, of his indictment, brings

forward several charges, in order to prove that Count Struensee really

misapplied the king's confidence in his signature. Of these instances,

the one referring to the dismissal of the body-guard is the first, and

it is even supposed that it was based on dangerous designs.

What was really the motive for this operation, namely, that the Guards

were in many respects injurious to the army, is seen both from Count

Struensee's answers and from the documents, to which he appeals in his

own memorial.

That it was done, however, without his Majesty's knowledge, or that

the latter was surprised by it, is, according to Count Struensee's

assurance, incorrect. As regards the cabinet order of December 21,

concerning the reduction, he positively remembers having read it to the

king before it was sent off; and further, that the king approved of it

with his own signature, after the college had sent in an appeal against

it; and his Majesty himself signed the order of December 24, for

dismissal, before it was sent to Lieutenant-General von Gähler, as it

was generally reported that the Guards refused to obey the first order.

As to the crime said to have been committed in omitting several of

the extracts from the cabinet decrees in this week, so that the king

might approve of the two concerning the body-guard, I do not understand

it, as his Majesty would sooner be surprised by a long report than by

a short extract, and the answers of Panning and Morack (the cabinet

secretaries) prove that this error must be ascribed to them rather

than to Struensee.

The second charge concerns the presents which Count Struensee is said

to have procured for himself and others, and more especially the

forgery which is said to have been committed in the accounts of the

special treasury for the months of April and May, 1771. As concerns the

gratifications, it is sufficient for Struensee's defence that the king

himself granted or approved of them, and Count Struensee is of opinion

that, if compared with those given on former occasions, they will not

be found extraordinary. As regards the falsification, he learns to

his deep grief that even his Majesty himself appears to bear witness

against him. But, as he solemnly asserts in his memorial that he was

never guilty of such things, he also hopes that he will be permitted to

quote the circumstances serving to prove his innocence.

The Fiscal General employs two suppositions to prove this forgery,

namely, that a cipher was added to each of the two amounts of 6,000

dollars, and that the gratification for Falckenskjold was inserted

at a later date. But that this is not correct is proved by the

document itself, in which the figures of all the four amounts and

Falckenskjold's name are written with the same ink as the approbation,

without mentioning that his Majesty (if we compare the document with

the approval of other calculations written afterwards) must have signed

higher up, if the line concerning Falckenskjold had not existed at

the time when the royal signature was appended. It is true that the

adding up seems to be written with a different ink, and the figure

3 in the 132,000 dollars to have been first a 2. But the former is

of no consequence when it is remarked, that the adding up took place

after the approval had been given, while the latter could easily occur

through an error in casting up, as Panning has regarded it in his

explanation, lit. I., p. 379.

If we add to this--1. That Count Struensee had no necessity to have

recourse to such a forgery, partly because his Majesty never refused

him what he asked in such matters; partly, because a hundred other

ways of enriching himself stood at his service, if he wished to act

dishonestly, of which not the slightest evidence has been brought

forward. 2. That he never made a secret of it, which might be supposed

in a dishonest action, either from Count von Schimmelmann, who paid

the money, or from Count Brandt, who, on the very same day thanked the

king for the 50,000 dollars which he had received, to which his Majesty

replied, it was but fair that he should make him a _sort_, leading

to the supposition that the sum was a considerable one (see Brandt's

answer to question 44, p. 250) and lastly, 3. That it could not be

concealed from the king, as credit was taken for the amount in the next

balance-sheet, in which the sum was again approved--I am of opinion

that this circumstance cannot be regarded as dishonesty, but that

everything really is as Count Struensee has explained it.

The third charge relates to the sale of the bouquet. As this affair

depended entirely on the will of her royal Majesty the Queen, and Count

Struensee declares that he never knew otherwise but that the sale

took place with the king's consent, and as he did not profit in the

slightest degree by it, he had not supposed that this would be alleged

as a crime against him.

These are the principal charges brought against Count Struensee as

regards his administration. For though the Fiscal General, in his

indictment, has touched on all sorts of small matters: for instance,

the appointment of Councillor of Justice Struensee to the College of

Finances, &c., as they all depended on the general principles which his

Majesty the King had accepted in the administration, and his Majesty

had given his special approval to their execution, it is unnecessary to

dwell on them.

On the other hand, I will in conclusion of this portion of the

indictment show, that the Fiscal General incorrectly charges Count

Struensee with having formed dangerous designs, and of wishing to

sustain himself in the most improper way in the post which his Majesty

entrusted to him.

As a proof of this, the dismissal of the body-guard and the loading of

the cannon are first alleged. It was proved in the examination that

the reasons for this were perfectly legal; it is also seen from the

confrontation of Major-General Gude and Count Struensee, that the

intention of the latter order was only to hold the populace in check,

for the sake of the public tranquillity, and that Count Struensee never

ordered Major-General Gude to take the latter precaution, but the

general was of opinion that it was merely a consequence of the general

reminder given him, "that everything must be tranquil and in order."

Equally little probable or proven is it that Count Struensee had

undertaken, or wished to undertake anything which would have procured

him an opportunity for escaping, if his supposed meditated design of

assuming the character of a protector had failed.

That nothing was attempted against the person of his royal Majesty

is proved by the documents and the acknowledgment of the Fiscal

General himself. And how could gratitude or caution have suggested so

detestable a thought to the count? It was the king alone to whom he

owed his fortune, and the confidence of his Majesty was the sole basis

of his respect and his security.

But if he could have been so malicious as to deny all his obligations,

where was the party he had formed to carry out his design? Would he

have been so incautious as to announce his intention to the whole

public? For such was the case with the loading of the cannon; and

would he not rather have taken precautions to secure himself against

such surprises as might easily take place, and really did take place,

especially as we see from Christian Näses' declaration and Count

Brandt's acknowledgment, that he had received some intimations to that

effect?

That Count Struensee employed other illegal means to support himself is

equally incorrect. It certainly seems as if Count Brandt were attached

to the king in order to watch him; but the latter declares exactly the

contrary, and that Count Struensee did not at all need him to support

himself. Equally little can it be concluded from point eight of the

indictment, that letters addressed to the king were to be delivered in

the cabinet; for, without mentioning that this order was given by the

king himself, and that, if it had any secret object, it ought to have

been given long before, Panning and Morack's statements prove that

the disorder in which letters and other papers lay about the king's

apartment was the sole cause for this order, and that his Majesty,

after this time, received his letters as punctually as before.

As regards the accusations, then, which have been brought against Count

Struensee with respect to public affairs, I hope I have proved that he

only acted according to the will of his Majesty; that it was not his

intention to acquire power at the expense of his royal Majesty; and

that, if he erred in one point or the other, it was not done through

petulance, or deserves the harsh expressions employed by the Fiscal

General, but that it is solely to be explained by the fallibility which

is inseparably connected with every man. Nowhere has anything been

found which raised a doubt as to the safety of the king, his family,

or his supremacy, or could give cause for the supposition that Count

Struensee wished to treat his king and benefactor in so shameful a

way. He declares most sacredly, even now, that his only desire was to

promote the king's welfare and the prosperity of the kingdoms.

I will now pass to the second portion of the charges, which relate

to the insults said to have been offered to the persons of the royal

house. As regards the "_éloignement_" in which her Majesty Queen

Juliana Maria and his royal highness the hereditary prince were

held, Count Struensee declares that he has given the true reason in

his answers to questions 486 and 469; that he never attempted to

maintain or increase it; that he was not aware of any other reason

for a different box being given the prince at the theatre, except

that the king did not wish to have the prince's suite in his box; and

that, lastly, so far as he could remember, he had no share in the

correspondence carried on, upon this subject, between Count Brandt and

Count Scheel.

As regards the education of his royal highness the prince royal,

I refer to the count's own memorial; he protests most sacredly

against ever having entertained such thoughts as the Fiscal General

imputes to him. In this matter, he is so conscious of the purity of

his intentions, that he is willing to submit it to the verdict of

experienced physicians, whether the prince's health has not been

improved by it. Moreover, it was the queen's will that this course

should be pursued; and Count Struensee more than once drew on himself

her displeasure, by representing to her that the right measure was

exceeded in it. (_Cfr._ letter F., pp. 361 and 362.)

As concerns the "passage" between his royal Majesty and Count

Brandt, which forms a charge in the Fiscal General's indictment,

the explanations of Count Struensee show that he could never have

conjectured that Count Brandt would undertake it in so audacious a way

as he did, but that the affair would be settled _en badinant_ between

the king and Brandt. His advice was to the effect that Brandt should

keep aloof from the king; and that Brandt did not, in the remotest

degree, expect Count Struensee's assent, or subsequent approval, in

this affair, is seen from the fact that he not only previously kept

secret the way in which he had resolved to go to work, as he merely

said "that he would demand an explanation of the king," but that,

afterwards, he also concealed the most aggravating portions of his

deed,--the circumstance with the riding-whip; his bolting the door;

and the challenging and abusive language which he employed. In so far,

then, as regards the share which Count Struensee had in this "passage,"

he hopes the more to be excused, because his Majesty the King, in such

private matters, did not wish to be regarded as king, but as a private

person, which was the reason why he, Count Struensee, did not oppose

Brandt's design, so far as it was known to him.

That it was never his "sentiment" to neglect the proper reverence in

intercourse with the king; and that no one can mention an instance of

it, strengthens his innocence in this case; for what the Fiscal General

alleges to the contrary only consists of mere gossip. Equally little

can Brandt's letter, quoted by the Fiscal General, serve as a proof

that Brandt was rewarded for his conduct to the king, as it was written

in September, 1771, and the "passage" with Brandt did not take place

till November of that year. And should not all this be a sufficient

justification for Count Struensee, he appeals to the kindness which his

Majesty has so frequently shown him, to obtain his pardon.

In the same way he throws himself at his Majesty's feet, and implores

his mercy for the crime against his Majesty's person, the first

mentioned by the Fiscal General, but hitherto unalluded to by me. It

is the only thing in which he knows that he consciously sinned against

his king; but he confesses, with contrition, that this crime is too

great for him to expect forgiveness of it. If, however, regard for

human weakness, a truly penitent feeling of his error, the deepest

grief at it, the tears with which he laments it, and the sighs which

he dedicates to the king and the welfare of his family, deserve any

compassion, he will not be found unworthy of it.

In all the rest he supposes that the law and his innocence will defend

him, and that for this reason he can expect an acquittal. But, in the

same way as in the last point, he seeks refuge in the king's mercy

alone; he begs this high court, who have witnessed the sincerity of

his grief and sorrow, to be kind enough to procure him the greatest

possible alleviation of his fate by a favourable representation of his

repentance to his Majesty.

ULDALL.

_Copenhagen, April 22, 1772._

This defence, though neatly written, is still so weak and lukewarm,

that it cannot protect its author from the suspicion that he had an

understanding with the conspirators, and that his defence was only

intended to throw dust in the eyes of Europe. Falckenskjold, who, as a

native, contemporary, and adherent of Struensee, and who, as unattached

to the court, is an impartial witness, expresses himself as follows on

the subject in his "Memoirs:"--

"The royal law supplied Uldall with an article which, by formally

authorising the king to suppress or create any council or office

he thought proper, consequently gave the right of proposing the

suppression of the privy council and of other offices which might

appear injurious to the interests of the monarchy, as well as the

creation of a cabinet minister. Further, Uldall did not develope all

the absurdity of the charge of forgery brought against his client. He

did not make use of the means he possessed to justify him about the

ill-treatment of the king, of which Brandt was accused: means the more

easy, because there was in this point no evidence against Struensee.

He ought to have discussed the reforms effected by this minister, and

have shown that far from being criminal and injurious, they generally

tended to the welfare of the state and the advantage of the monarch.

This examination would have given him occasion to display the conduct

of Struensee, and show him, as he really was, vigilant and anxious

to simplify affairs, so that the king might see and know them, and

decide them himself. It was very easy to heighten the merit of such

conduct by comparing it with that of previous ministers; by placing in

its true light that royal law by virtue of which every Danish monarch

binds himself on ascending the throne not to suffer any attack on his

power, and to maintain it in its integrity. It was not sufficient to

say, as if _en passant_, that the will of the king covered the acts

of Struensee's administration with an inviolable defence; he ought to

have made those who attacked them feel the consequences to which they

exposed themselves; he ought to have shown them in the royal law the

sword that menaced those who dared to condemn in Struensee the wishes

and orders of the king."[91]

But Uldall had been one of Struensee's opponents from the beginning,

and hence was most unfitted to be a defender; and that he consented to

be so, on being selected by the chief conspirator, throws a sufficient

light on his good will as a lawyer.

But what will my readers think of the two advocates, and the legal

members of the commission, when I state that the criminal code of

Christian V. prohibits every judge from listening to or trying charges

that dishonour members of the reigning family? Falckenskjold says about

this:--

"How could Uldall insert in his defence Struensee's declarations about

his relations with the queen? Was he ignorant of the Danish law that

nullified this declaration, and prohibited the judges from paying any

attention to it? How, if he was versed in the principles and duties of

his profession, did he dare, in a memoir intended to be made public,

to represent his client as demanding mercy for this pretended crime,

and imploring the intercession of his persecutor? And how was it he did

not feel that by acting thus he joined a perfidious cabal, which was

abusing the unhappy Struensee with deceitful hopes of escape, in order

to drag from him the means of ruining him more completely?"

Another witness to the shamefulness of the charges against Struensee

steps forward in honest Reverdil, himself no admirer of the favourite,

but who valued truth above everything. He carefully analyses the

charges. The one about the queen's bouquet was most unjust, he

considers. It belonged to the queen, and she ordered it to be sold. The

price it fetched was much lower than that paid for it, because princes

pay long prices for jewels, and sell them cheaply, especially those of

great value. The purpose for which it was sold was to get the money for

making the badges for the new Order of Matilda.

As regards the forgery, Reverdil's evidence is decidedly in favour

of Struensee. His argument, which seems to be conclusive, is to the

following effect:--

1. At the time when this account was made out, Struensee, overwhelmed

with business, had no secretary to assist him. Pleasure, audiences,

races, and attentions to the queen, occupied the greater part of his

time. He was ignorant of forms and their consequences: therefore, it is

very credible that he cast up the account incorrectly, corrected, and

presented it for signature with the erasures. The king signed without

looking, and useless crimes ought not to be supposed.

2. No other trait in Struensee's life denotes an ignoble scamp or

vile man: his character was rather to carry frankness to the verge of

effrontery and hardness.

3. On the other hand, it lay in the king's character to refuse any

pecuniary favour as long as he could, but he had no idea of the value

of money, so that it was as easy to obtain from him 60,000 crowns as

6,000. They had the bad faith to take his evidence in this affair, and

he declared that he remembered perfectly well having only given 6,000

crowns to each of the counts; but, with his malicious mania and his

hatred for Brandt, it was impossible to trust to the fidelity of his

memory, or the truth of his declarations.

4. Struensee replied to the charge with a good deal of candour; that

appearances, it is true, were against him, but they were deceitful;

and that, as he had already confessed more faults than were needed to

destroy him, he would not deny this one, if he had committed it. He

persisted in this language, without variation, to the end.

Still, while Reverdil acquits the favourites of the forgery, he has no

excuse for the affair itself. To obtain so large a sum from an imbecile

king, who was not of a generous temper: to obtain it at a time when the

Treasury was exhausted, the state loaded with debt, and when, under

pretext of economy, the favourites were making hundreds of families

miserable by arbitrary retrenchments, was no better than a swindle.

Reverdil was the more revolted when the trial made the fact known,

because he had heard Struensee and Brandt a thousand times upbraid

the prodigalities of the old court, and the presents lavished on the

favourites, especially Counts von Moltke and Holck. But neither of them

had received so large a sum in so short a time. The former enriched

himself in twenty years of constant favour, but a considerable portion

of his fortune consisted of the savings of his income, when he lived

cost free at court, as grand marshal: while the new favourites, after

expelling everybody, had established themselves at court, without any

apparent duties.

At those Hirschholm breakfasts, when only the elect were present, and

the guests liked so much to talk about the old ministry, as an occasion

to applaud the present saving, Reverdil frequently heard it mentioned,

as an extraordinary instance of profusion, that during the king's stay

at Paris, Bernstorff, aware that Count von Holck, the most extravagant

of men, was on his last legs, promised him 30,000 crowns, so that he

might not yield to the seductions of the French court, who wished to

employ him in detaching the king from the Russian alliance. It would

have been ridiculous for any other king to pay his favourite, lest he

should propose absurd and dangerous acts to him; but this conduct, when

recommended to Christian VII., was founded on reason, as a bounty of

30,000 crowns, at such a moment, might save the state.

In this case, at least, the form was decent: a perfectly upright

minister solicited the king in favour of a third party, and the

treasurer received his Majesty's orders to pay. But the gratification

granted to Struensee and Brandt had an entirely different character.

The same person solicited, decided, and countersigned. It was of no

use for him to say that it was once for all, and for the purpose of

securing an independent position. Who could answer that avidity was

not augmented by enjoyment? and with what face could the same man,

who forced the king to sign a decree that, henceforth, no retiring

pension should exceed 1,000 crowns, secure, after six months' office,

the capital of thrice as large an income? Such is the dangerous

seduction of unlimited power. Struensee, before he attained it, was not

only honourable, but noble and liberal, though his circumstances were

exceedingly limited.

No time was lost in the trial of the accused minister, for on April 23

the Fiscal General handed in his reply to Uldall's defence.

WIWET'S REPLY.

The order which his Majesty the King most graciously sent to me on

March 23, commanded me to indict Count Struensee for his crimes,

without mentioning in what they consisted: as I was able to learn them,

however, from the examinations and questions laid before the court, I

do not understand what Advocate Uldall means by his remarks, that most

of the imputations against Struensee exceed that which his Majesty

commanded this commission to investigate, for I believe I have a right

to answer everything that the commissioners considered themselves

empowered to ask.

Advocate Uldall also does me injustice when he carps at my historic

account of Count Struensee's behaviour, and for trying to make him in

every way ridiculous and contemptible. But Count Struensee finds my

reasons in my brief. It is my duty to give an historical introduction

to the facts, which are to be afterwards proved.

It is not creditable to discuss personal matters, when disputing about

property or things which do not affect the persons themselves. But when

a criminal has to be convicted whose head is at stake, we must not be

so sparing as Herr Uldall, as defender, desires, especially in things

which are not inventions, but everybody knows they have happened.

Everything must be brought to light. The style must be arranged in

accordance with the matter to be discussed, and Count Struensee cannot

be thoroughly convinced of his crimes, if he considers my charge

insulting to the man on whom his Majesty cast his favour.

I have not attacked him for being a foreigner, but because the business

he undertook was foreign to him. I will not allow with Advocate

Uldall that it is no state crime not to understand the language of

the country when a man holds such a station as Count Struensee. Herr

Uldall cannot produce any instance of it. Perhaps one man might be

found who did not understand the language like a native, but in that

case he occupied a station in which he did not require to understand

it.[92] I have alleged this, his ignorance of the language, as a proof

of his foolhardiness in accepting a post in which it was his duty to

talk with Danes and Norwegians, and to read their petitions, without

being compelled to trust to the fidelity of a translator. The count

must himself confess that he did not know the laws of the country;

was he not, therefore, deficient in the two "great things" which are

requisite to examine the demands of the nation? and can I be blamed

for mentioning that he, Struensee, had no religion, when his friend,

Count Brandt, acknowledges it, and even declares that he did not dare

propose attendance at church, solely through fear of Struensee? Ought

not every one who is about the king to fear God, as that is made a duty

of the king in article 1 of the royal law? Can any one deny that he was

bold and impudent? If he turned his attention to affairs of state when

he was a doctor of medicine, he was an indolent doctor, for a skilful

minister of state does not spring up like a mushroom, and in that case

how dared he take on himself to become physician in ordinary? But if he

devoted himself to medicine, how could he desire to become the highest

and sole authority in the affairs of the country? Can a man be treated

mildly whose principle it is that goodness injures a country? through

goodness mutual love is acquired. Which king is the more secure--the

one who is beloved, or the one before whom people tremble? _Oderint

dum metuant_ was the consolation of the tyrant, but he is amiable who

seeks his honour in love of his country. Therefore, I have called

things by their right name, and do not do so in order to display my

courage against a prisoner--for I never took pleasure in my neighbour's

misfortune--but in order to perform my duty.

Advocate Uldall has represented the count first from the side where his

crimes find an apparent excuse, so that that comes last in his reply

which stands first in my statement. I shall follow his example, and

concisely answer his defence.

As regards Struensee's crimes against the royal law, the counsel for

the defence entertains the same views as his principal, that the king

was able to do it. It is true that the king can select any adviser

he pleases, but is the man whom he selects as adviser permitted to

consent to things which have injurious results? The royal law states

the duty of the king and of his subjects. According to article 3, no

alteration can be made in it. If anything is done to the royal law,

the right of reigning is lost (I write juridically, and do not suppose

that the law is maintained by the sword). The King of Denmark is

sovereign on the conditions to which Frederick III. pledged himself,

and, as _primus adquirens_, was able in turn to pledge his descendants

and successors on the throne. In article 7 of the royal law, he

commanded that all government decrees and letters should be issued

in no other name but the king's, and that the king himself must sign

them, if he has attained his majority. In article 26, employed against

me, he determined the punishment of any man who attempted any almost

imperceptible encroachment on the king's authority. Hence it was Count

Struensee's duty, if he wished to be an honest adviser of the king,

to represent that it was not right to make known the king's will in

such a way, as it was contrary to the royal law, in which the king has

no power to make the slightest alterations: that the obedience of the

subjects ceases if the royal law is altered without their consent: that

hence the king ran the highest risk in acting thus, and it might cost

him, Struensee, his head.

That Count Struensee really misused the power which he appropriated,

I have clearly proved by his conduct in the order for the dissolution

of the body-guard, and also that in this instance he laid incorrect

statements before the king.

The other things that Herr Uldall mentions as agreeing with the royal

law, are not applicable here. I have shown that Count Struensee had

impure intentions in the abolition of the council, namely, to be alone,

and be able to do whatever he liked.

That he failed in the reverence which he owed his Majesty, has been

proved by witnesses. The falsification is so evident to everybody, that

only Count Struensee's confession of it is wanting, which he holds

back, however, because he does not wish to be regarded as a forger

after his death. That he afterwards brought the same sum under his

Majesty's notice cannot be employed in his defence, for there was no

special statement which could have reminded his royal Majesty of the

incorrectness.

As regards the bouquet, it is not denied that he was aware of the

sale, but he defends himself with his sacred assurance, that he

supposed the sale took place with the king's assent. The commission

is aware that the ornament did not fetch its full value, as one stone

alone in it was estimated at 18,000 dollars. He excuses his knowledge

of Brandt's conduct to the king, and pretends that he had not been so

fully aware of the affair before. All the rest consists of excuses and

palliations, which are only founded on his statements, but which have

been proved quite differently by me.

Consequently I refer to my former demands, and claim the verdict I

proposed.

F. W. WIWET.

_Copenhagen, April 23, 1772._

FOOTNOTES:

[Footnote 91: "Mémoires de Falckenskjold," p. 196.]

[Footnote 92: An allusion to Bernstorff as Minister of Foreign Affairs.]

Life and Times of Her Majesty Caroline Matilda, Vol. 2 (of 3) Queen of Denmark and Norway, and Sister of H. M. George III. of England · 第 12 / 13 章