Book: History of Friedrich II of Prussia V 21

T >> Thomas Carlyle >> History of Friedrich II of Prussia V 21




"Voltaire, if not a great man, is a remarkably peculiar one;
and did such a work in these Ages as will render him long
memorable, more or less. He kindled the infinite dry dung-heap of
things; set it blazing heaven-high;--and we all thought, in the
French Revolution time, it would burn out rapidly into ashes, and
then there would a clear Upper Firmament, if over a blackened
Earth, be once more vouchsafed us. The flame is now done, as I once
said; and only the dull dung-heap, smokily burning, but not now
blazing, remains,--for it was very damp, EXCEPT on the surface, and
is by nature slow of combustion:--who knows but it may have to burn
for centuries yet, poisoning by its villanous mal-odors the life-
atmosphere of all men? Eternal Author of this Universe, whose
throne is Truth, to whom all the True are Sons, wilt thou not look
down upon us, then!--Till this sad process is complete? Voltaire is
like to be very memorable." ...

To Friedrich the Winter was in general tranquil; a Friedrich busy
preparing all things for his grand Mahren Enterprise, and for "real
work next year." By and by there came to be real Peace-prospects
instead. Meanwhile, the Austrians do try a little, in the small
Pandour way, to dislodge him from the Upper-Silesian or Teschen
regions, where the Erbprinz of Brunswick is in command; a man not
to be pricked into gratis by Pandours. Erbprinz, accordingly,
provoked by their Pandourings, broke out at last; and about
Zuckmantel instantly scourged them home, and had peace after.
Foiled here, they next tried upon Glatz; "Get into his Glatz
Country, then;--a snatch of that will balance the account" (which
was one of Newspaper glory only): and a certain Wurmser of theirs,
expert in such things, did burn the Town of Habelschwert one
morning; ["18th January, 1779" (Rodenbeck, iii. 195; Schmettau,
&c.).] and tried farther, not wisely this time, a surprisal of
Glatz Fortress itself; but got smitten home by our old friend
General Wunsch, without profit there. This was the same Wurmser who
came to bad issues in the Napoleon time afterwards; a rising man
then; not a dim Old-Newspaper ghost as now.

Most shameful this burning of Habelschwert by way of mere bravura,
thinks Friedrich, in a time of actual Treaty for Peace, when our
Congress of Teschen was just struggling to get together! It was the
chief stroke done by the Austrians in this War; glorious or
shameful, we will not think of inquiring. Nor in fact of adding one
word more on such a War,--except, what everybody longs for, That,
NOVEMBER 27th, 1778, Czarina Catharine, by her Prince Galitzin at
Vienna, intervened in the matter, in a lofty way; and ended it.
Czarina Catharine,--small thanks to her, it seems, for it was
Friedrich that by his industries and world-diplomacies, French and
other, had got her Turks, who had been giving trouble again,
compesced into peace for her; and indeed, to Friedrich or his
interests, though bound by Treaty, she had small regard in taking
this step, but wished merely to appear in German Politics as a
She-Jove,--Czarina Catharine signified, in high and peremptory
though polite Diplomatic terms, at Vienna, "Imperial Madam, how
long is such a War to last? Be at Peace, both of you; or--!
I shall, however, mediate, if you like, being the hearty friend of
both." [Copy of Galitzin's "Declaration," in FISCHER, ii. 406-411.]

"Do," answers Maria Theresa, whose finance is quite out, whose
motherly heart is almost broken, though a young Kaiser still
prances violently, and kicks against the pricks: "Do, your noble
Czarish Majesty; France too is interfering: France and you will
decide what is just, and we will end." "Congress of Teschen" met
accordingly, MARCH 10th, 1779: Teschen, in Austrian Silesia, where
we have been;--Repnin as Russian, Breteuil the Frenchman, Cobentzl
and Hertzberg as Austrian and Prussian;--and, MAY 13th (in two
months' time, not in two weeks', as had been expected, for there
rose unexpected haggles), did close everything, firm as Diplomacy
could do it, into equitable, or approximately equitable finis:
"Go home, you Austria; quit your stolen Bavaria (all but a rim or
paring, Circle of Burghausen, since you must have something!):
Saxony, Mecklenburg, these must be satisfied to moderate length;
and therewith general AS-YOU-WERE."

Russia and France were agreed on the case; and Friedrich, bitterly
longing to have done with it, had said to himself, "In two weeks or
so:" but it proved far otherwise. Never were such hagglings,
provocations and unreasonable confusions as now rose. The burning
of Habelschwert was but a type of them. Haggles on the part of
worthless Karl Theodor, kindled by Joseph and his Kaunitz, kicking
against the pricks. Haggles on Saxony's part: "I claimed 7,000,000
pounds sterling, and you allow me 600,000 pounds." "Better that
than nothing," answered Friedrich. Haggles with Mecklenburg:
"Instead of my Leuchtenberg, I get an improvement in my Law-Courts,
right of Judging without Appeal; what is that!" Haggles with the
once grateful Duke of Zweibruck: "Can't part with my Burghausen."
"Suppose you had had to part with your Bavaria altogether?"
In short, Friedrich, who had gained nothing for himself, but such
infinity of outlay in all kinds, never saw such a coil of human
follies and cupidities before; and had to exhaust his utmost
patience, submit to new losses of his own, and try all his
dexterities in pig-driving: overjoyed, at last, to get out of it on
any terms. Outlay of Friedrich is about Two Millions sterling, and
above 10,000 men's lives (his own narrowly not included), with
censures, criticisms, provocations and botherations without end.
In return for which, he has, truly, put a spoke in Austria's proud
wheel for this time, and managed to see fair play in the Reich;
which had seemed to him, and seems, a considerable thing. By way of
codicil, Austria agrees not to chicane him in regard to Anspach-
Baireuth,--how generous of Austria, after this experience!--

In reality, the War was an Imaginary War; deserving on its own
score little record anywhere; to readers here requiring almost less
than it has got. Schmettau, Schoning and others have been
abundantly minute upon it; but even to soldiers there is little
either of interest or instruction; to us, all it yields is certain
Anecdotes of Friedrich's temper and ways in that difficult
predicament; which, as coming at first-hand, gathered for us by
punctual authentic Schmettau, who was constantly about him, with
eyes open and note-book ready, have a kind of worth in the
Biographic point of view.

The Prussian Soldiery, of whom we see a type in Schmettau, were
disgusted with this War, and called it, in allusion to the
foraging, A scramble for potatoes, "DER KARTOFFEL-KRIEG, The Potato
War;" which is its common designation to this day. The Austrians,
in a like humor, called it "ZWETSCHKEN-RUMMEL" (say "THREE-BUTTON
Loo"); a game not worth playing; especially not at such cost.
Combined cost counted to have been in sum-total 4,350,000 pounds
and 20,000 men. [Preuss, iv. 115.] "The Prussian Army was full of
ardor, never abler for fight" (insists Schmettau), which indeed
seems to have been the fact on every small occasion;--"but fatally
forbidden to try." Not so fatally perhaps, had Schmettau looked
beyond his epaulettes: was not the thing, by that slow method, got
done? By the swifter method, awakening a new Seven-Years business,
how infinitely costlier might it have been!

Schmettau's NARRATIVE, deducting the endless lamentings, especially
the extensive didactic digressions, is very clear, ocular, exact;
and, in contrast with Friedrich's own, is really amusing to read.
A Schmettau giving us, in his haggard light and oblique point of
vision, the naked truth, NAKED and all in a shiver; a Friedrich
striving to drape it a little, and make it comfortable to himself.
Those bits of Anecdotes in SCHMETTAU, clear, credible, as if we had
seen them, are so many crevices through which it is curiously worth
while to look.



Chapter VII.

MILLER ARNOLD'S LAWSUIT.

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 (º 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,
------------CORRECT. PARAGRAPH ENDS WITH COMMA--------------------^



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.

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