Shocked as the horse-dealer was at the scandalous papers, he

nevertheless had but little difficulty in the presence of such an

upright man as the prince, in showing how groundless were the

accusations that had been brought against him. Not only, as he said,

was he, under the circumstances, far from requiring any assistance from

a third party, to bring his suit to a decision, seeing that it was

going on as well as possible, but some letters which he had with him,

and which he produced to the prince, plainly showed the impossibility

of Nagelschmidt being willing to give him the assistance in question,

since shortly before he had disbanded his troop, he had been going to

hang the fellow for acts of violence in the flat country. Indeed he

had only been saved by the appearance of the electoral amnesty, which

had broken off all the connection between them, and they had parted the

day after as mortal enemies. Kohlhaas, on his own proposal, which was

accepted by the prince, sat down and wrote a letter to Nagelschmidt, in

which he called the pretext of supporting the amnesty, granted to him

and his troop, and afterwards broken, a shameful and wicked invention;

and told him that on arriving at Dresden he was neither arrested nor

consigned to a guard, that his suit was proceeding quite according to

his wishes, and that he gave him up to the full vengeance of the laws

as a warning to the rabble around him for the incendiarisms he had

committed in the Erzgebirg, after the publication of the amnesty. At

the same time some fragments of the criminal proceedings, which the

horse-dealer had set on foot against the man at the Castle of Lützen,

for the misdeeds above alluded to, were subjoined to enlighten the

people, as to the good-for-nothing fellow, who had been sentenced to

the gallows, and had only been saved by the elector’s patent. The

prince, satisfied by these acts, calmed Kohlhaas, as to the suspicion

which they had been forced to express under the circumstances, assured

him that so long as he continued in Dresden, the amnesty granted him

should remain unbroken, once more shook hands with the boys, to whom he

gave the fruit that was on the table, and dismissed him. The

chancellor, who likewise perceived the danger that impended over the

horse-dealer, did his utmost to bring the affair to a conclusion before

it became entangled and complicated by new events. Strange to say, the

cunning knights desired and aimed at the same thing, and instead of

tacitly confessing the crime as before, and limiting the opposition to

a mitigation of the sentence, they now began with all sorts of

chicanery to deny the crime itself. Now they gave out that the horses

had merely been kept at the Tronkenburg by the act of the castellan and

the bailiff, of which the squire knew little or nothing; now they

asserted that the beasts were sick of a violent and dangerous cough

immediately after their arrival, appealing to witnesses whom they

promised to produce; and when they were beaten out of the field with

their arguments by inquiries and explanations, they brought an

electoral edict, in which twelve years before, on account of prevailing

distemper among cattle, the introduction of horses from Brandenburg

into Saxony was prohibited. This was to prove that the squire was not

only authorised but actually bound to detain the horses brought by

Kohlhaas over the border. Kohlhaas, who in the meanwhile had

repurchased his farm of the good farmer at Kohlhaasenbrück for a small

sum, wished, as it appears, for the purpose of finally completing this

transaction, to leave Dresden for a few days, and to travel home;--a

resolution in which, however, we doubt not the alleged business,

important as it might be on account of the winter sowing time, had less

part than the wish to examine his situation under circumstances so

remarkable and so critical. Reasons of another kind, which we leave to

the surmise of every one who knows the secrets of his own heart, might

also have operated. He therefore went to the high-chancellor, without

the guard, and having the farmer’s letters in his hand, stated that if

his presence at the court could be dispensed with, as indeed seemed to

be the case, he wished to leave the city and go to Brandenburg for

eight days or a fortnight, promising to return within that time. The

high-chancellor, looking on the ground with a dubious and displeased

countenance, said that his presence was now more necessary than ever,

since the court, in consequence of the crafty and quibbling objections

of the opposite party, would require his explanation in a thousand

cases, which had not been foreseen. However, when Kohlhaas referred

him to his advocate, who was well acquainted with the merits of the

case, and urgently though modestly still adhered to his request,

promising to limit his absence to eight days, the high chancellor said,

after a pause, as he dismissed him, that he hoped he would obtain

passports of Prince Christian of Misnia. Kohlhaas, who perfectly

understood the chancellor’s countenance, sat down at once confirmed in

his resolution, and asked the Prince of Misnia, as chief minister,

without assigning any reason, to give him passports to Kohlhaasenbrück

for eight days. To this request he received an official answer, signed

by Baron Siegfried von Wenk, governor of the castle, stating that his

petition for passports to Kohlhaasenbrück had been laid before the

elector, and that as soon as consent was obtained, they would be

forwarded to him. Kohlhaas asked his advocate how it was that this

paper was signed by a Baron Siegfried von Wenk, and not by Prince

Christian of Misnia, whereupon he was informed that the prince had gone

to his estates three days before, and that the affairs of office had

been entrusted during his absence, to Baron Siegfried von Wenk,

governor of the castle, and cousin to the gentleman who has been

previously mentioned.

Kohlhaas, whose heart began to beat uneasily under all these

circumstances, waited several days for an answer to his petition which

had been brought before the elector with singular prolixity; but a week

passed, and another and another, and he had neither got an answer nor

had the tribunal come to a decision of his case, definitely as it had

been announced. Therefore, on the twelfth day, fully determined to

know the disposition of the government towards him, whatever it might

be, he sent another pressing application to the ministry for the

passport. But how surprised he was, when on the evening of the

following day (which had likewise passed away without the expected

answer), as he stepped towards the window of his back room, deeply

occupied in pondering over his situation, and especially on the amnesty

which Dr. Luther had obtained for him, he did not see the guards who

had been given him by the Prince of Misnia in the little outhouse which

had been assigned as their abode. The old servant Thomas whom he

called, and of whom he asked what this meant, answered with a sigh,

“Master, all is not as it should be! The soldiers, of whom there are

more than usual to-day, dispersed themselves over the whole house as

night advanced. Two are standing with spear and shield in the street

before the front door, two in the garden at the back door, and two

others are lying on a heap of straw in the anteroom, where they say

they intend to sleep.” Kohlhaas, who changed colour, turned round and

said it was just the same to him whether they were there or not, and

that as soon as he got to the passage he should set up a light that the

soldiers might see.

Under the pretext of emptying a vessel he opened the front shutter and

convinced himself that the old man had spoken the truth; for the guard

had just been quietly relieved, a measure which never had been thought

of before. This ascertained he lay down in his bed, little inclined to

sleep, and with his mind thoroughly made up as to what he should do the

next day. Nothing on the part of the government was more displeasing

to him than the empty show of justice, while, in fact, the amnesty was

broken; and in case he was a prisoner, about which there seemed to be

no doubt, he wished to compel the government to declare it clearly and

without ambiguity. Therefore, at the dawn of the following day, he had

his vehicle brought up, and the horses put to it by Sternbald his

servant, to go, as he said, to the farmer at Lockewitz, who had spoken

to him a few days before at Dresden as an old acquaintance, and had

invited him to pay him a visit with his children. The soldiers, who

were laying their heads together, and perceived the movements in the

house, sent one of their number privily into the town, whereupon in a

few minutes an officer of the government appeared, at the head of

several men, and went into the opposite house, as if he had something

to do there. Kohlhaas who, as he was occupied with dressing his boys,

witnessed their movements, and designedly kept his vehicle before the

house longer than was necessary, went out with his children, as soon as

he saw that the police had completed their preparations, without taking

any notice, and telling the soldiers at the door as he passed them,

that they need not follow him, he took the boys into the cart, and

kissed and consoled the little crying girls, who, in conformity with

his orders, remained with the daughter of the old servant. He had

scarcely mounted the cart himself, when the officer came up to him with

his train from the opposite house, and asked him where he was going.

Kohlhaas answering that he was going to see his friend the farmer at

Lockewitz, who had some days before invited him into the country with

his boys, the officer said that in that case he must wait a few

moments, as some horse-soldiers, by the command of the Prince of

Misnia, would have to accompany him.

Kohlhaas asked him, smiling from the cart, whether he thought his

person would not be safe in the house of a friend, who had invited him

to his table for a day. The officer answered pleasantly and cheerfully

enough, that the danger was certainly not great, and added that he

would find the men by no means burdensome. Kohlhaas replied,

seriously, that when he first came to Dresden, the Prince of Misnia had

left it quite free to him whether he would avail himself of the guard

or not, and when the officer expressed his surprise at this

circumstance, and referred to the custom which had prevailed during the

whole of Kohlhaas’s residence at Dresden, the horse-dealer told him of

the occurrence which had led to the appointment of a guard in his

house. The officer assured him that the order of the Baron von Wenk,

governor of the castle, who was at present head of the police, made the

constant guard of his person an imperative duty, and begged him, if it

was unpleasant to be so attended, to go to the seat of government

himself, and rectify the error which seemed to prevail there.

Kohlhaas, darting an expressive look at the officer, and determined

either to bend or to break the matter, said that he would do this,

descended with a beating heart from the cart, had his children carried

into the passage by the servant, and repaired with the officer and his

guard to the seat of government, leaving the man with the vehicle in

front of the house. It chanced that Baron von Wenk was engaged in the

examination of a band of Nagelschmidt’s men, which had been captured in

the neighbourhood of Leipzig, and had been brought in the evening

before, and that these fellows were being questioned on many matters

which would willingly have been heard by the knights who were with the

baron when the horse-dealer and those who attended him entered the

room. The baron no sooner saw him, than he went up to him, while the

knights became suddenly silent, and ceased their examination, and asked

him what he wanted.

The horse-dealer respectively stating his project of dining with the

farmer in Lockewitz, and his wish to leave behind the soldiers, whom he

did not require, the baron changed colour, and seeming as if he

suppressed another speech, said that his best plan would be to stop

quietly at home, and put off the dinner with the Lockewitz farmer.

Then cutting short the conversation, and turning to the officer he told

him, that the command which he had given him with respect to Kohlhaas,

was to remain as before, and that he was not to leave the city, except

under the guard of six horsemen. Kohlhaas asked whether he was a

prisoner, and whether he was to believe that the amnesty solemnly

granted him in the eyes of the whole world was broken; whereupon the

baron, suddenly becoming as red as fire, turned to him, and walking

close up to him, looked full in his eyes, and answered, “Yes, yes,

yes!” He then turned his back upon him, left him standing, and again

went to Nagelschmidt’s men.

Kohlhaas then quitted the room, and although he saw that the only

course left for him, namely, flight, was rendered difficult by the

steps which he had taken, he nevertheless concluded he had acted

rightly, as he now saw he was free from all obligation to conform to

the articles of the amnesty. When he reached home, he ordered the

horses to be taken from the cart, and accompanied by the officer

entered his chamber very much dispirited. This officer, in a manner

which greatly disgusted him, assured him that all turned on a

misunderstanding which would soon be cleared up, while his men, at a

sign which he gave them, fastened up all the outlets that led into the

yard. The front entrance, as the officer assured Kohlhaas, was open to

his use as before.

In the meanwhile, Nagelschmidt was so hampered on all sides by soldiers

and officers of the law in the woods of the Erzgebirge, that being

utterly destitute of means to carry out the part he had chosen, he hit

upon the thought of really drawing Kohlhaas into his interest. He had

learned with tolerable accuracy, through a traveller who passed on the

road, the state of the suit at Dresden, and was of opinion, that in

spite of the open hostility which existed between them, it would be

possible to induce the horse-dealer to enter into a new alliance with

him. He therefore sent a man to him, with a scarcely legible letter,

to the effect, that if he would come to the Altenburg territory, and

resume the conduct of the band, who had assembled there, out of the

relics of the one that had been dismissed, he would furnish him with

horses, men, and money, to assist him in flying from his prison at

Dresden. At the same time, he promised to be better and more obedient

in future than he had been; and to prove his fidelity and devotion, he

offered to come to Dresden himself and effect Kohlhaas’s liberation.

Now the fellow to whom this letter was entrusted had the misfortune to

fall into convulsions of a dangerous sort, such as he had been subject

to from his youth, close to Dresden, and the consequence was, that the

letter which he carried in his doublet, was discovered by people who

came to assist him, and that he himself, as soon as he had recovered,

was arrested, and removed to the seat of government, attended by a

numerous guard. The Governor von Wenk had no sooner read the letter

than he hastened to the elector, in whose castle he found the two von

Tronkas (the chamberlain having recovered of his wounds) and Count

Kallheim, president of the chancery. These gentlemen were of opinion,

that Kohlhaas should be arrested without delay, and prosecuted on the

ground of a secret understanding with Nagelschmidt, since, as they

attempted to prove, such a letter could not have been written, had not

others been previously sent by the horse-dealer, and had not some

criminal compact been formed, for the perpetration of new atrocities.

The elector firmly refused to violate the free conduct which he had

granted to Kohlhaas, on the mere ground of this letter. Nay, according

to his opinion, it rather showed, that no previous communication had

existed between Kohlhaas and Nagelschmidt, and all that he would

resolve upon, and that after much delay, was that, according to the

suggestion of the president, the letter should be sent to Kohlhaas by

Nagelschmidt’s man, just as if the fellow was perfectly at liberty, and

that then it should be seen whether Kohlhaas would answer it. The man,

who had been put in prison, was accordingly brought to the seat of

government on the following morning, when the governor of the castle

restored him his letter, and, promising that he should be free, and

exempt from the punishment he had incurred, told him to give it to the

horse-dealer as if nothing had happened. Without more ado, the fellow

lent himself to the mean stratagem, and as if by stealth, entered

Kohlhaas’s room on the pretext of selling some crabs, with which the

officer had provided him in the market-place. Kohlhaas, who read the

letter while the children played with the crabs, would certainly, under

the circumstances, have taken the fellow by the collar, and delivered

him up to the soldiers, who stood at his door, but as, in the present

disposition of people towards him, such a step might be interpreted in

more than one way, and he was fully convinced that nothing in the world

could help him out of the difficulty in which he was placed, he looked

mournfully at the fellow’s well-known face, asked him where he lived,

and ordered him to come again in an hour or two, when he would

communicate the resolution he had taken with respect to his master. He

told Sternbald, who chanced to enter the room, to buy some crabs of the

fellow he found there, and this having been done, and the two men

having parted without recognition, he sat down and wrote a letter to

Nagelschmidt to the following effect: In the first place he accepted

his offer of the command of the band in Altenburg, and in the next told

him to send him a waggon with two horses to the Neustadt by Dresden, to

free him from the temporary prison in which he was placed with his

children. Two horses more, he said, for the sake of speed would be

wanted on the road to Wittenberg, by which circuitous route, for

certain reasons, too long to specify, he could alone come to him. He

represented the soldiers who guarded him as open to bribery, but

nevertheless, in case force should be necessary, he desired the

presence of a few, stout, active, well-armed fellows in the Neustadt.

To defray the expenses of all these preparations he would send by the

man a _rouleau_ containing twenty gold crowns, about the expenditure of

which he would come to an account with him when the affair was settled.

His presence in Dresden on the occasion of his liberation he prohibited

as unnecessary, nay, he gave the express order that he should remain in

the territory of Altenburg, as the temporary leader of the band, which

could not well do without a captain. When the messenger came towards

the evening he gave him this letter, and rewarding him liberally,

exhorted him to take the greatest care of it. His design was to

proceed to Hamburg with his five children, and there to embark for the

Levant or the East Indies, or as far as the sky might cover other men

than those he knew, for his soul, which was now bowed down with grief,

had given up the notion of getting the horses, to say nothing of his

repugnance to make a common cause with Nagelschmidt.

Scarcely had the fellow delivered this answer to the castellan than the

high chancellor was removed, the president, Count Kallheim, was

appointed chief of the tribunal in his stead, and Kohlhaas, being

arrested by a cabinet order of the elector, was thrown into the city

prison, heavily laden with chains. Proceedings were commenced against

him on the ground of the letter, which was posted up at all the corners

of the town; and when, before the bar of the tribunal, to the question

of the counsel, who presented him this letter, whether he recognised

the handwriting, he answered “Yes,” but to the question whether he had

any thing to say in his defence, he with downcast eyes answered “No.”

He was condemned to have his flesh torn with red-hot pincers, and his

body quartered and burned between the wheel and the gallows.

Thus stood matters with poor Kohlhaas in Dresden, when the Elector of

Brandenburg appeared to rescue him from the hands of arbitrary power

and claimed him as a Brandenburg subject in the electoral chancery,

through a note sent for that purpose. For the brave Captain Heinrich

von Geusau had told him, during a walk on the banks of the Spree, the

history of this strange and not utterly abandoned man. On this

occasion, urged by the questions of the astonished elector, he could

not avoid mentioning the wrong which had been done to his own person,

through the improper acts of the high chancellor, Count Siegfried von

Kallheim. The elector, being highly indignant at this, demanded an

explanation of the high chancellor, and finding that his relationship

to the house of Tronka had been the cause of all the mischief,

dismissed him at once with many signs of displeasure, and appointed

Heinrich von Geusau chancellor in his place.

Now it happened that the kingdom of Poland, while for some cause or

other it was in a hostile position against Saxony, made repeated and

pressing demands to the Elector of Brandenburg to unite against Saxony

in one common cause. This led the High Chancellor Geusau, who was no

novice in such matters, to hope that he could fulfil his sovereign’s

wish of doing justice to Kohlhaas at any price, without placing the

general peace in a more critical position than the consideration due to

an individual would justify. Hence the high chancellor, alleging that

the proceedings had been arbitrary, and alike displeasing to God and

man, not only demanded the immediate and unconditional delivery of

Kohlhaas, that in case he was guilty he might be tried according to

Brandenburg laws, on a complaint which the court of Dresden might make

through an attorney at Berlin, but also required passports for an

attorney whom the elector wished to send to Dresden, to obtain justice

for Kohlhaas against Squire Wenzel von Tronka, on account of the wrong

which had been done the former, on Saxon soil, by the detention of his

horses and other acts of violence which cried aloud to Heaven. The

chamberlain, Herr Conrad, who on the change of office in Saxony had

been nominated president of the state chancery, and who for many

reasons did not wish to offend the court of Berlin, in the difficulty

in which he now found himself, answered in the name of his sovereign,

who was much dejected at the note he had received, that the unfriendly

and unfair spirit in which the right of the court of Dresden to try

Kohlhaas, according to law, for offences committed in the country, had

been questioned, had created great astonishment, especially when it was

well known that he held a large piece of ground in the Saxon

metropolis, and did not deny that he was a Saxon citizen.

Nevertheless, as Poland to enforce her claims had already collected an

army of 5000 men on the borders of Saxony, and the high chancellor,

Heinrich von Geusau, declared that Kohlhaasenbrück, the place from

which the horse-dealer took his name, lay in the Brandenburg territory,

and that the execution of the sentence of death that had been declared

would be considered a violation of the law of nations, the elector, by

the advice of the chamberlain, Herr Conrad himself, who wished to

retreat out of the affair, called Prince Christian of Misnia from his

estates, and was induced by a few words from this intelligent man to

deliver Kohlhaas to the court of Berlin, in compliance with the request

that had been made.

The prince, who, although he was little pleased with the late unseemly

proceedings, was obliged to undertake the prosecution of the Kohlhaas

affair, in compliance with the wish of his embarrassed sovereign, asked

him on what ground he meant to prosecute the horse-dealer, in the

chamber council at Berlin. To the fatal letter to Nagelschmidt

reference could not be made, so doubtful and obscure were the

circumstances under which it was written, neither could the early

plunderings and incendiarisms be mentioned on account of the placards

in which they had been pardoned.

The elector, therefore, resolved to lay before the Emperor of Vienna a

statement of the armed attack of Kohlhaas upon Saxony, to complain of

the breach of the public peace, which he had established, and to

request those who were bound by no amnesty to prosecute Kohlhaas in the

Berlin court through an imperial prosecutor.

In eight days the horse-dealer, chained as he was, was placed in a cart

and transported to Berlin with his five children (who had been got

together again out of the orphan and foundling asylums) by the night

Friedrich von Malzahn, whom the Elector of Brandenburg had sent to

Dresden with six troopers.

Now it chanced that the Elector of Saxony, at the invitation of the

seneschal (_Landdrost_) Count Aloysius von Kallheim, who held

considerable property on the borders of Saxony, had gone to Dahme to a

great hunt, which had been appointed for his recreation, accompanied by

the chamberlain, Herr Conrad, and his wife the Lady Heloise, daughter

of the seneschal and sister of the president, besides other fine ladies

and gentlemen, hunting-attendants, and nobles. All this party, covered

with dust from hunting, was seated at table under the cover of some

tents adorned with flags, which had been set up on a hill right across

the road, waited upon by pages and young nobles, and recreated by the

sound of cheerful music, which proceeded from the trunk of an oak, when

the horse-dealer, attended by his army of troopers, came slowly along

the road from Dresden.

The sickness of one of Kohlhaas’s little delicate children had

compelled the Knight von Malzahn, who accompanied him, to remain for

three days at Herzberg--a fact which he did not deem it necessary to

communicate to the government at Dresden, feeling that he was only

responsible to his own prince. The elector, who with his breast

half-uncovered, and his plumed hat adorned with fir-twigs, sat by the

Lady Heloise--his first love in the days of early youth--said, elevated

by the pleasure of the feast, that sparkled round him: “Come let us

give the unfortunate man, whoever he may be, this cup of wine!” The

Lady Heloise, casting a noble glance at him, arose at once, and laying

the whole table under contribution, filled a silver vessel, which a

page handed to her, with fruit, cakes, and bread. The whole party,

with refreshments of all kinds, had already thronged from the tent,

when the seneschal met them with a confused countenance and bade them

stop. To the elector, who asked with surprise what had happened thus

to confound the seneschal, the latter answered, stammering and with his

head turned towards the chamberlain, that Kohlhaas was in the cart. At

this piece of intelligence, which astonished every body, as it was

generally known that Kohlhaas had set off six days before, the

chamberlain, Conrad, took his goblet of wine, and turning towards the

tent poured it into the dust. The elector, deeply colouring, placed

his on a salver, which a page presented to him for that purpose, at a

hint from the chamberlain; and while the knight Friedrich von Malzahn,

respectfully greeting the company, whom he did not know, passed slowly

through the tent-ropes that ran across the way, in the direction of

Dahme, the party, at the invitation of the seneschal, returned to the

tent without taking further notice.

Tales from the German, comprising specimens from the most celebrated authors · 第 26 / 54 段