Book: History of Friedrich II of Prussia V 21

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




But to return to the Arnolds, and have done with them: for we are
now, by Leopold's help or otherwise, got to the last act of that
tedious business.

August 21st, 1779 (these high Brunswickers still at Potsdam, if
that had any influence), the Arnolds again make Petition to the
King: "Alas, no justice yet, your Majesty!" "Shall we never see the
end of this, then?" thinks the King: "some Soldier, with human
eyes, let him, attended by one of their Law-wigs, go upon the
ground; and search it!" And, next day, having taken Protocol of the
Arnold Complaint, issues Cabinet-Order, or King's Message to the
Custrin Law-wigs: "Colonel Heucking [whose regiment lies in
Zullichau district, a punctual enough man], he shall be the
Soldier; to whom do YOU adjoin what member of your Court you think
the fittest: and let, at last, justice be done. And swift, if
you please!"

The Custrin Regierung, without delay, name REGIERUNGS-RATH Neumann;
who is swiftly ready, as is Colonel Heucking swiftly,--and they two
set out together up the Pommerzig Brook, over that moor Country;
investigating, pondering, hearing witnesses, and no doubt
consulting, and diligently endeavoring to get to the bottom of this
poor Arnold question. For how many September days, I know not:
everybody knows, however, that they could not agree; in other
words, that they saw TWO bottoms to it,--the Law gentleman one
bottom, the Soldier another. "True bottom is already there," argued
the Law gentleman: "confirm Decision of Court in every point."
"No; Arnold has lost water, has suffered wrong," thinks
Heucking; "that is the true bottom." And so they part, each with
his own opinion. Neumann affirmed afterwards, that the Colonel came
with a predetermination that way, and even that he said, once or
oftener, in his eagerness to persuade: "His Majesty has got it into
his thought; there will be nothing but trouble if you persist in
that notion." To which virtuous Neumann was deaf. Neumann also
says, The Colonel, acquainted with Austrian enemies, but not with
Law, had brought with him his Regiment's-Auditor, one Bech,
formerly a Law-practitioner in Crossen (readers know Crossen, and
Ex-Dictator Wedell does),--Law-practitioner in Crossen; who had
been in strife with the Custrin Regierung, under rebuke from them
(too importunate for some of his pauper clients, belike); was a
cunning fellow too, and had the said Regierung in ill-will.
An adroit fellow Bech might be, or must have been; but his now
office of Regiment's-Auditor is certificate of honesty,--good, at
least, against Neumann.

Neumann's Court was silent about these Neumann surmises; but said
afterwards, "Heucking had not gone to the bottom of the thing."
This was in a subsequent report, some five or six weeks subsequent.
Their present report they redacted to the effect, "All correct as
it stood," without once mentioning Heucking. Gave it in, 27th
September; by which time Heucking's also was in, and had made a
strong impression on his Majesty. Presumably an honest,
intelligible report; though, by ill-luck for the curious, it is now
lost; among the barrow-loads of vague wigged stuff, this one Piece,
probably human, is not to be discovered.

Friedrich's indignation at the Custrin report, "Perfectly correct
as it stood," and no mention of Heucking or his dissent, was
considerable: already, 27th September,--that is, on the very day
while those Custrin people were signing their provoking report,--
Friedrich, confident in Heucking, had transmitted to his Supreme
Board of Justice (KAMMERGERICHT) the impartial Heucking's account
of the affair, with order, "See there, an impartial human account,
clear and circumstantial (DEUTLICHES UND GANZ UMSTANDLICHES), going
down to the true roots of the business: swift, get me justice for
these Arnolds!" [Preuss, iii. 480.] Scarcely was this gone, when,
September 29th, the Custrin impertinence, "Perfectly right as it
stood," came to hand; kindling the King into hot provocation;
"extreme displeasure, AUSSERSTES MISFALLEN," as his Answer bore:
"Rectify me all that straightway, and relieve these Arnolds of
their injuries!" You Pettifogging Pedant Knaves, bring that Arnold
matter to order, will you; you had better!--

The Custrin Knaves, with what feelings I know not, proceed
accordingly; appoint a new Commission, one or more Lawyers in it,
and at least one Hydraulic Gentleman in it, Schade the name of him;
who are to go upon the ground, hear witnesses and the like.
Who went accordingly; and managed, not too fast, Hydraulic Schade
rather disagreeing from the Legal Gentlemen, to produce a Report,
reported UPON by the Custrin Court, 28th October: "That there is
one error found: 6 pounds 12s. as value of corn LEFT, clearly
Arnold's that, when his Mill was sold; that, with this improvement,
all is NOW correct to the uttermost; and that Heucking had not
investigated things to the bottom." By some accident, this Report
did not come at once to Friedrich, or had escaped his attention;
so that--

November 21st, matters hanging fire in this way, Frau Arnold
applies again, by Petition to his Majesty; upon which is new Royal
0rder, [Ib. iii. 490.] far more patient than might have been
expected: "In God's name, rectify me that Arnold matter, and let us
at last see the end of it!" To which the Custriners answer: "All is
rectified, your Majesty. Frau Arnold, in her Petition, has not
mentioned that she gained 6 pounds 12s.;"--important item that;
6 pounds 12s. for CORN left (clearly Arnold's that, when his Mill
was sold)! "Our sentence we cannot alter; a Court's sentence is
alterable only by appeal; your Majesty decides where the appeal is
to lie!" Friedrich's patience is now wearing out; but he does not
yet give way: "Berlin Kammergericht be your Appeal Court," decides
he, 28th November: and will admit of no delay on the
Kammergericht's part either. "Papers all at Custrin, say you?
Send for them by express; they will come in one day: be swift,
I say!"

Chancellor Furst is not a willing horse in this case; but he is
obliged to go. December 7th, Kammergericht sits on the Arnold
Appeal; Kammergericht's view is: "Custrin papers all here, not the
least delay permitted; you, Judge Rannsleben, take these Papers to
you; down upon them: let us, if humanly possible, have a Report by
to-morrow." Rannsleben takes the Papers in hand December 7th;
works upon them all day, and all night following, at a rate of
energy memorable among Legal gentlemen; and December 8th attends
with lucid Report upon them, or couple of Reports; one on Arnold
VERSUS Schmettau, in six folios; one on Arnold VERSUS Gersdorf, in
two ditto; draws these two Documents from his pocket December 8th;
reads them in assembled Court (six of the Judges present [Preuss,
iii. 496.],--which, with marked thankfulness to the swift
Rannsleben, at once adopts his Report, and pronounces upon the
Custrin Raths, "Right in every particular." Witness our hands:
every one affixing his signature, as to a matter happily got
done with.

It was Friday, 10th December, 1779, before Friedrich got this fine
bit of news; Saturday 11th, before he authentically saw their
Sentence. He is lying miserably ill of gout in the Schloss of
Berlin; and I suppose, since his Father, of blessed memory, took
cudgel to certain Judges and knocked out teeth from them, and broke
the judicial crowns, nobody in that Schloss has been in such humor
against men of Law. "Attend me here at 2 P.M. with the Three Raths
who signed in Arnold's Case:" Saturday, about 11 A.M., Chancellor
Furst receives this command; gets Rannsleben, and two others,
Friedel, Graun,--and there occurred such a scene--But it will be
better to let Rannsleben himself tell the story; who has left an
AUTOBIOGRAPHY, punctually correct, to all appearance, but except
this alone notable passage of it, still unpublished, and like to
continue so:--

"BERLIN, TUESDAY, 7th DECEMBER, 1779," says Rannsleben (let him tell
it again in his own words), "the ACTA, which had arrived from
Custrin IN RE Miller Arnold and his Wife VERSUS Landrath von
Gersdorf, as also those, in the same matter, VERSUS Count von
Schmettau, were assigned to me, to be reported on QUAM PRIMUM;--our
President von Rebeur," President of the Supreme KAMMERGERICHT
(King's-Chamber Tribunal, say Exchequer High Court, or COLLEGIUM),
whereof I have the honor to be one of the Seven Judges, or RATHS,--
"our President von Rebeur enjoining me to make such utmost despatch
that my Report on both these sets of Papers might be read to the
assembled Court next day; whereby said Court might then and there
be enabled to pronounce judgment on the same, I at once set to
work; went on with it all night; and on the morrow I brought both
my Reports (RELATIONES),"--one referring to the Gersdorf, the other
to the Schmettau part of the suit,--"one of six sheets, the other
of two sheets, to the Kammergericht; where both RELATIONES were
read. There were present, besides me, the following six members of
the COLLEGIUM: President von Rebeur, Raths Uhl, Friedel,
Kircheisen, Graun, Gassler.

"Appellant," as we all know, "was Miller Arnold; and along with the
ACTA were various severe Cabinet-Orders, in which the King, who had
taken quite particular notice of the Case, positively enjoined,
That Miller Arnold should have justice done him. The King had not,
however, given formally any authoritative Decision of his own
(KEINEN EIGENTLICHEN MACHTSPRUCH GETHAN)," which might have given
us pause, though not full-stop by any means: "but, in his Order to
the Kammergericht, had merely said, we were to decide with the
utmost despatch, and then at once inform his Majesty how." With the
speed of light or of thought, Rannsleben hardly done reading, this
Kammergericht decided,--it is well known how: "In the King's name;
right in every particular, you Custrin Gentlemen;--which be so good
as publish to parties concerned!"

Report of Kammergericht's Judgment to this effect, for behoof of
Custrin, was at once got under way; and Kammergericht, in regard to
his Majesty, agreed merely to announce the fact in that quarter:
"Judgment arrived at, please your Majesty;--Judgment already under
way for Custrin:"--you, Rannsleben, without saying what the
Judgment is, you again write for us. And Rannsleben does so;
writes the above little Message to his Majesty, "which got to the
King's hand, Friday, December 10th. And the same day," continues
Rannsleben, "the King despatched a very severe Cabinet-Order to
Minister von Dornberg,"--head of the Department to which the
Kammergericht belongs,--"demanding a Copy of the Judgment.
Which order was at once obeyed.

"Hereupon, on Saturday, about 11 A.M., there came to Grand-
Chancellor von Furst," sublime head of us and of all Lawyers, "a
Cabinet-Order, 'Appear before me here, this day, at 2 o'clock; and
bring with you your Three Kammergericht Raths who drew up
(MINUTIRT) the Judgment in the Arnold Case.'" Message bodeful to
Furst and the three Raths.

"NOTA," says Rannsleben here, "the King is under the impression
that, in judging a Case, Three Raths are always employed, and
therefore demands Three of us. But, properly, all the above-named
Six MEMBRA COLLEGII , besides myself, ought to have gone to the
Palace, or else I alone." On some points an ill-informed King.
Rannsleben continues:--

"President von Rebeur came to me in his carriage, at a quarter to
12; told me of the King's Order; and said, as the King demanded
only Three Raths, there was nothing for it but to name me and Raths
Friedel and Kircheisen, my usual partners in Judgment business.
Finding, however, on looking into the Sentence itself, that
Kircheisen was not amongst the signers of it, he [Rebeur] named,
instead of him, Rath Graun, who was. For the Herr President
apprehended the King might demand to see our Sentence IN ORIGINALI,
and would then be angry that a person had been sent to him who had
not signed the same. President von Rebeur instructed me farther,
That I, as Reporter in the Case, was to be spokesman at the Palace;
and should explain to his Majesty the reasons which had weighed
with the Kammergericht in coming to such decision.

"To my dear Wife I," as beseemed a good husband, "said nothing of
all this; confiding it only to my Father-in-law, who tried to cheer
me. Nor, indeed, did I feel any fear within me, being persuaded in
my conscience that, in this decision of the Arnold Case, I had
proceeded according to the best of my knowledge and conviction.

"At 1 o'clock I drove to the Grand-Chancellor's, where I found the
Raths Friedel and Graun already arrived. The Chancellor," old
Furst, "instructed us as to what we had to do when we came before
the King. And then, towards 2 o'clock, he took us in his carriage
to the Palace. We entered the room immediately at the end of the
Great Hall. Here we found a heyduc [tall porter], by whom the
Chancellor announced to the King that we were here. Heyduc soon
came back to inquire, Whether the CABINETS-RATH Stellter," a
Secretary or Short-hand writer of his Majesty's, "had arrived yet;
and whether we [WE, what a doubt!] were Privy Councillors. We were
then shortly after shown in to the King. We passed through three
rooms, the second of which was that in which stands the CONFIDENZ
TAFEL [Table that goes by pulleys through the floor, and comes up
refurnished, when you wish to be specially private with your
friends]. In the fourth, a small room with one window, was the
King. The Chancellor walked first; I followed him close; behind me
came the Rath Friedel, and then Graun. Some way within, opposite
the door, stood a screen; with our backs to this," the Kingward
side of this, "we ranged ourselves,"--in respectful row of Four,
Furst at the inward end of us (right or left is no matter).
"The King sat in the middle of the room, so that he could look
point-blank at us; he sat with his back to the chimney, in which
there was a fire burning. He had on a worn hat, of the clerical
shape [old-military in fact, not a shovel at all]; CASSAQUIN,"
short dressing-gown, "of red-brown (MORDORE) velvet;
black breeches, and boots which came quite up over the knee.
His hair was not dressed. Three little benchlets or stools, covered
with green cloth, stood before him, on which he had his feet lying
[terribly ill of gout]. In his lap he had a sort of muff, with one
of his hands in it, which seemed to be giving him great pain.
In the other hand he held our Sentence on the Arnold Case. He lay
reclining (LAG) in an easy-chair; at his left stood a table, with
various papers on it,--and two gold snuffboxes, richly set with
brilliants, from which he kept taking snuff now and then.

"Besides us, there was present in the room the Cabinets-Rath
Stellter [of the short-hand], who stood at a desk, and was getting
ready for writing. The King looked at us, saying, 'Come nearer!'
Whereupon we advanced another step, and were now within less than
two steps of him. He addressed himself to us three Raths, taking no
notice at all of the Grand-Chancellor:--

KING. "'Is it you who drew up the judgment in the Arnold case?'

WE (especially I, with a bow). "'Yea.'

"The King then turned to the Rath Friedel [to Friedel, as the
central figure of the Three, perhaps as the portliest, though poor
Friedel, except signing, had little cognizance of the thing, in
which not he but Rannsleben was to have been spokesman], and
addressed to Friedel those questions, of which, with their answers,
there is Protocol published, under Royal authority, in the Berlin
newspapers of December 14th, 1779;" [VON SEINER KONIGLICHEN
MAJESTAT HOCHSTSELBAT ANGEHALTENES PROTOCOLL: "Protocol [Minute of
Proceedings] held by Royal Majesty's Highest-self, on the 11th
December, 1779, concerning the three Kammergerichts-Raths, Friedel,
Graun and Rannsleben:" in PREUSS, iii. 495.] Shorthand Stellter
taking down what was said,--quite accurately, testifies Rannsleben.
From Stellter (that is to say from the "Protocol" just mentioned),
or from Stellter and Rannsleben together, we continue
the Dialogue:--

KING to Friedel [in the tone of a Rhadamanthus suffering from
gout]. "'To give sentence against a Peasant from whom you have
taken wagon, plough and everything that enables him to get his
living, and to pay his rent and taxes: is that a thing that can
be done?'

FRIEDEL (and the two Mutes, bowing). "'No.'

KING. "'May a Miller who has no water, and consequently cannot
grind, and, therefore, not earn anything, have his mill taken from
him, on account of his not having paid his rent: is that just?'

FRIEDEL (and Mutes as aforesaid). "'No.'

KING. "'But here now is a Nobleman, wishing to make a Fish-pond:
to get more water for his Pond, he has a ditch dug, to draw into it
the water from a small stream which drives a water-mill.
Thereby the Miller loses his water, and cannot grind; or, at most,
can only grind in the spring for the space of a fortnight, and late
in the autumn, perhaps another fortnight. Yet, in spite of all
this, it is pretended that the Miller shall pay his rent quite the
same as at the time when he had full water for his mill. Of course,
he cannot pay his rent; his incomings are gone! And what does the
Custrin Court of Justice do? It orders the mill to be sold, that
the Nobleman may have his rent. And the Berlin Tribunal'"--
Chancellor Furst, standing painfully mute, unspoken to, unnoticed
hitherto, more like a broomstick than a Chancellor, ventures to
strike in with a syllable of emendation, a small correction, of
these words "Berlin Tribunal"--

FURST (suggestively). "'Kammergericht [mildly suggestive, and
perhaps with something in his tone which means, "I am not a
broomstick!"]: Kammergericht!'

KING (to short-hand Stellter). "'Kammergerichts-Tribunal:--[then to
Furst] Go you, Sir, about your business, on the instant!
Your Successor is appointed; with you I have nothing more to do.
Disappear!'"--"Ordered," says Official Rannsleben, "ordered the
Grand-Chancellor, in very severe terms, To be gone! telling him
that his Successor was already appointed. Which order Herr von
Furst, without saying a word, hastily obeyed, passing in front of
us three, with the utmost speed." In front,--screen, I suppose, not
having room behind it,--and altogether vanishes from Friedrich's
History; all but some GHOST of him (so we may term it), which
reappears for an instant once, as will be noticed.

KING (continues to Friedel, not in a lower tone probably):--"'the
Kammergerichts-Tribunal confirms the same. That is highly unjust;
and such Sentence is altogether contrary to his Majesty's
landsfatherly intentions:--my name [you give it, "In the King's
Name," forsooth] cruelly abused!'"

So far is set forth in the "Royal Protocol printed next Tuesday,"
as well as in Rannsleben. But from this point, the Dialogue--if it
can be called Dialogue, being merely a rebuke and expectoration of
Royal wrath against Friedel and his Two, who are all mute, so far
as I can learn, and stand like criminals in the dock, feeling
themselves unjustly condemned--gets more and more into
conflagration, and cannot be distinctly reported. "MY name to such
a thing! When was I found to oppress a poor man for love of a rich?
To follow wiggeries and forms with solemn attention, careless what
became of the internal fact? Act of 1566, allowing Gersdorf to make
his Pond? Like enough;--and Arnold's loss of water, that is not
worth the ascertaining; you know not yet what it was, some of you
even say it was nothing; care not whether it was anything.
Could Arnold grind, or not, as formerly? What is Act of 1566, or
any or all Acts, in comparison? Wretched mortals, had you wigs a
fathom long, and Law-books on your back, and Acts of 1566 by the
hundredweight, what could it help, if the right of a poor man were
left by you trampled under foot? What is the meaning of your
sitting there as Judges? Dispensers of Right in God's Name and
mine? I will make an example of you which shall be remembered!--
Out of my sight!" Whereupon EXEUNT in haste, all Three,--though not
far, not home, as will be seen.

Only the essential sense of all this, not the exact terms, could
(or should) any Stellter take in short-hand; and in the Protocol it
is decorously omitted altogether. Rannsleben merely says: "The King
farther made use of very strong expressions against us,"--too
strong to be repeated,--"and, at last, dismissed us without saying
what he intended to do with us. We had hardly left the room, when
he followed us, ordering us to wait. The King, during the interview
with us, held the Sentence, of my composition, in his hand;
and seemed particularly irritated about the circumstance of the
judgment being pronounced in his name, as is the usual form.
He struck the paper again and again with his other hand,"--heat of
indignation quite extinguishing gout, for the moment,--"exclaiming
at the same time repeatedly, 'Cruelly abused my name (MEINEN NAMEN
CRUEL MISSBRAUCHT)!'" [Preuss, iii. 495-498.]--We will now give the
remaining part of the Protocol (what directly follows the above
CATECHETICAL or DIALOGUE part before that caught fire),--as taken
down by Stellter, and read in all the Newspapers next Tuesday:--


"PROTOCOL [of December 11th, Title already given; [Supra,
p. 439 n.] Docketing adds], WHICH IS TO BE PRINTED."

... (CATECHETICS AS ABOVE,--AND THEN): "The King's desire always is
and was, That everybody, be he high or low, rich or poor, get
prompt justice; and that, without regard of person or rank, no
subject of his fail at any time of impartial right and protection
from his Courts of Law.

"Wherefore, with respect to this most unjust Sentence against the
Miller Arnold of the Pommerzig Crabmill, pronounced in the Neumark,
and confirmed here in Berlin, his Majesty will establish an
emphatic example (EIN NACHDRUCKLICHES EXEMPEL STATUIREN); to the
end that all Courts of Justice, in all the King's Provinces, may
take warning thereby, and not commit the like glaring unjust acts.
For, let them bear in mind, That the least peasant, yea, what is
still more, that even a beggar, is, no less than his Majesty, a
human being, and one to whom due justice must be meted out. All men
being equal before the Law, if it is a prince complaining against a
peasant, or VICE VERSA, the prince is the same as the peasant
before the Law; and, on such occasions, pure justice must have its
course, without regard of person: Let the Law-Courts, in all the
Provinces, take this for their rule. And whenever they do not carry
out justice in a straightforward manner, without any regard of
person and rank, but put aside natural fairness,--then they shall
have to answer his Majesty for it (SOLLEN SIC ES MIT SEINER
KONIGLICHEN MAJESTAT ZU THUN KRIEGEN). For a Court of Law doing
injustice is more dangerous and pernicious than a band of thieves:
against these one can protect oneself; but against rogues who make
use of the cloak of justice to accomplish their evil passions,
against such no man can guard himself. These are worse than the
greatest knaves the world contains, and deserve double punishment.

"For the rest, be it also known to the various Courts of Justice,
That his Majesty has appointed a new Grand-Chancellor."
Furst dismissed. "Yet his Majesty will not the less look sharply
with his own eyes after the Law-proceedings in all the Provinces;
and he commands you"--that is, all the Law-courts--"urgently
herewith: FIRSTLY,"--which is also lastly,--"To proceed to deal
equally with all people seeking justice, be it prince or peasant;
for, there, all must be alike. However, if his Majesty, at any time
hereafter, come upon a fault committed in this regard, the guilty
Courts can now imagine beforehand how they will be punished with
rigor, President as well as Raths, who shall have delivered a
judgment so wicked and openly opposed to justice. Which all
Colleges of Justice in all his Majesty's Provinces are particularly
to take notice of."

"MEM. By his Majesty's special command, measures are taken that
this Protocol be inserted in all the Berlin Journals." [In
Berlin'sche Nachrichten von Staats und Gelehrten Sachen, italic> No. 149, "Tuesday, 14th December, 1779." Preuss,
iii. 494.]

The remainder of Rannsleben's Narrative is beautifully brief and
significant.--"We had hardly left the room," said he SUPRA, "when
the King followed us," lame as he was, with a fulminant "Wait
there!" Rannsleben continues: "Shortly after came an Aide-de-Camp,
who took us in a carriage to the common Town-prison, the
Kalandshof; here two Corporals and two Privates were set to guard
us. On the 13th December, 1779," third day of our arrest, "a
Cabinet-Order was published to us, by which the King had appointed
a Commission of Inquiry; but had, at the same time, commanded
beforehand that the Sentence should not be less than a year's
confinement in a fortress, dismissal from office, and payment of
compensation to the Arnold people for the losses they had
sustained." Which certainly was a bad outlook for us.

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