FIRST INTERCALARY DAY.

Must Treaties be kept, or is it enough that they are made?

The latter.--To-day the mining-superintendent exercises, for the first

time, on the reader's ground and soil the right (_servitus oneris

ferendi_, or I may say _servitus projiciendi_) which, according to the

contract of May 4, he actually possesses. The main question now is,

whether a dog-contract between two such great powers--inasmuch as the

reader has all the quarters of the world, and I, in turn, have the

reader--must, after being concluded, also be kept.

Frederick, the Antimachiavellist, answers us, and backs himself by

Machiavelli: Certainly every one of us must keep his word so long as

it--is for his advantage. So true is this, that such treaties would

never be broken, if they were not once--concluded; and the Swiss, who,

as late as 1715, swore one with France, might quite as well in all the

Cantons have lifted their fingers and taken an oath they would every

day regularly--make water.

But so soon as the advantage of contracts ceases, then is a regent

entitled to break them in two cases,--those which he makes with

other regents, and those he makes with his own step-children of the

country,--his subjects.

While I was already at work in the cabinet, (not later than six

o'clock, with the goose-wing, dusting the session-table, not with the

pen,) I had under the latter a clever fugitive paper, wherein I

proposed to show that the _ouverture_ of treaties (_au nom de la Sainte

Trinité_ or _in nomine Sanctissimæ et individuæ Trinitatis_) was the

cipher which ambassadors sometimes place over their reports, meaning

that the opposite is to be understood. Nothing, however, came of the

fugitive paper but a--manuscript. In this I was simple enough, and

proposed first to advise princes, that, in regard to lies of necessity

and truths of necessity, they must have, for every latitude and

hour, _declinations_ and _inclinations_. I proposed to whistle the

state-chanceries to myself into a corner, and whisper in their ears, I

would never suffer it, and, though I had only nine regiments in pay and

starvation, that my hands and feet should be glued together with the

sealing-wax of contracts, and my wings clogged with ink. That

would I for the first time introduce into state-praxis; but the

state-chanceries laughed at me, afar off in my foolish corner, and

said, The whistler may believe, himself,--we do the thing otherwise.

In the works of Herr _Herkommen_[109]--the best German publicist, who,

however, writes no _acta sanctorum_ it is proved that a reigning prince

need not observe at all any treaties, privileges, and concessions

granted by his predecessor to his subjects; hence it follows that he is

far less bound to keep his _own_ covenants with them, since the

enjoyment of the benefit of these covenants, which consists in nothing

but the keeping or breaking, manifestly vests in him as proprietor. Mr.

Herkommen says the same on every page, and absolutely swears to it.

Nay, can there be a dean or rector magnificus who exercises so little

reason--considering that, according to a general assumption, a king

never dies, and consequently predecessors and successors grow together

into one man--as not to draw from this the conclusion that the

successor may regard his own covenants as those of his predecessor, and

accordingly, since the two make only one man, may break them just as

much as if they were transmitted ones?

Whoso chose to discourse philosophically about this might prove that,

in fact, _no man whatever_ needs keep his word, not merely no prince.

According to physiology, the old body of a king (a reader, a

superintendent of mines) in _three_ years makes way for a new one. Hume

carries it still farther with the soul, inasmuch as he considers that

as a fleeting (not frozen) stream of phenomena. How much soever, then,

the king (reader, author) may, at the moment of making a promise, be

bound to keep it, still he cannot possibly be held thereto the next

minute after, when he has already become his own successor and heir; so

that, in fact, of us two contracting parties of the 4th of May, nothing

more is extant than our mere _posthumi_ and successors,--namely,

ourselves. As now, fortunately, promising and fulfilling never enter

into one and the same moment, herefrom may follow the conclusion,

pleasant to all of us, that, in fact, no one at all is bound to keep

his word, whether he is the top of a throne or only a chip thereof. Nor

will courtiers (the corner-clips of the throne) oppose this

proposition.

The public is requested to consider the Preface as the Second

Intercalary Day, for the sake of symmetry.

Hesperus; or, Forty-Five Dog-Post-Days: A Biography. Vol. I. · 第 55 / 109 题