History of Friedrich II of Prussia — Volume 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 Order, [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:—