My impression has been that, in Berlin Society, there was more sympathy for mere respectability of wig than in Friedrich.
To Friedrich respectability of wig that issues in solemnly failing to do justice, is a mere enormity, greater than the most wigless condition could be. Wigless, the thing were to be endured, a thing one is born to, more or less: but in wig,--out upon it! And the wig which screens, and would strive to disguise and even to embellish such a thing: To the gutters with such wig!
In support of their feeling for Furst and Company, Berlin Society was farther obliged to pronounce the claim of Miller Arnold a nullity, and that no injustice whatever had been done him.
Mere pretences on his part, subterfuges for his idle conduct, for his inability to pay due rent, said Berlin Society. And that impartial Soldier-person, whom Friedrich sent to examine by the light of nature, and report? "Corrupted he!" answer they:
"had intrigues with--" I forget whom; somebody of the womankind (perhaps Arnold's old hard-featured Wife, if you are driven into a corner!)--"and was not to be depended on at all!" In which condemned state, Berlin Society almost wholly disapproving it, the Arnold Process was found at Friedrich's death (restoration of honors to old Furst and Company, one of the first acts of the New Reign, sure of immediate popularity); and, I think, pretty much continues so still, few or none in Berlin Society admitting Miller Arnold's claim to redress, much less defending that onslaught on Furst and the wigs. [Herr Preuss himself inclines that way, rather condemnatory of Friedrich; but his Account, as usual, is exact and authentic,--though distressingly confused, and scattered about into different corners (Preuss, iii. 381-413; then again, ibid. 520&c.). On the other hand, there is one Segebusch, too, a learned Doctor, of Altona, who takes the King's side,--and really is rather stupid, argumentative merely, and unilluminative, if you read him:
Segebusch, Historischrechtliche Wurdigung der Einmischung Friedrich's des Grossen in die bekannte Rechtssache des Mullers Arnold, auch fur Nicht-Juristen (Altona, 1829).]
Who, from the remote distance, would venture to contradict?
Once more, my own poor impression was, which I keep silent except to friends, that Berlin Society was wrong; that Miller Arnold had of a truth lost portions of his dam-water, and was entitled to abatement; and that in such case, Friedrich's horror at the Furst-and-Company Phenomenon (horror aggravated by gout) had its highly respectable side withal.
When, after Friedrich's death, on Von Gersdorf's urgent reclamations, the case was reopened, and allowed to be carried "into the Secret Tribunal, as the competent Court of Appeal in third instance," the said Tribunal found, That the law-maxim depended upon by the Lower Courts, as to "the absolute right of owners of private streams," did NOT apply in the present case;but that the Deed of 1566 did; and also that "the facts as to pretended damage [PRETENCE merely] from loss of water, were satisfactorily proved against Arnold:" Gersdorf, therefore, may have his Pond; and Arnold must refund the money paid to him for "damages" by the condemned Judges; and also the purchase-money of his Mill, if he means to keep the latter. All which moneys, however, his Majesty Friedrich Wilhelm II., Friedrich's Successor, to have done with the matter, handsomely paid out of his own pocket: the handsome way of ending it.
In his last journey to West-Preussen, June, 1784, Friedrich said to the new Regierungs-President (Chief Judge) there: "I am Head Commissary of Justice; and have a heavy responsibility lying on me,"--as will you in this new Office. Friedrich at no moment neglected this part of his functions; and his procedure in it throughout, one cannot but admit to have been faithful, beautiful, human. Very impatient indeed when he comes upon Imbecility and Pedantry threatening to extinguish Essence and Fact, among his Law People! This is one MARGINALE of his, among many such, some of them still more stinging, which are comfortable to every reader.
The Case is that of a murderer,--murder indisputable; "but may not insanity be suspected, your Majesty, such the absence of motive, such the--?" Majesty answers: "That is nothing but inanity and stupid pleading against right. The fellow put a child to death;if he were a soldier, you would execute him without priest;and because this CANAILLE is a citizen, you make him 'melancholic'
to get him off. Beautiful justice!" [Preuss, iii. 375.]
Friedrich has to sign all Death-Sentences; and he does it, wherever I have noticed, rigorously well. For the rest, his Criminal Calendar seems to be lighter than any other of his time; "in a population of 5,200,000," says he once, "14 to 15 are annually condemned to death."Chapter VIII.
THE FURSTENBUND: FRIEDRICH'S LAST YEARS.
At Vienna, on November 29th, 1780, the noble Kaiserinn Maria Theresa, after a short illness, died. Her end was beautiful and exemplary, as her course had been. The disease, which seemed at first only a bad cold, proved to have been induration of the lungs;the chief symptom throughout, a more and more suffocating difficulty to breathe. On the edge of death, the Kaiserinn, sitting in a chair (bed impossible in such struggle for breath), leant her head back as if inclined to sleep. One of her women arranged the cushions, asked in a whisper, "Will your Majesty sleep, then?""No," answered the dying Kaiserinn; "I could sleep, but I must not;Death is too near. He must not steal upon me. These fifteen years Ihave been making ready for him; I will meet him awake."Fifteen years ago her beloved Franz was snatched from her, in such sudden manner: and ever since, she has gone in Widow's dress;and has looked upon herself as one who had done with the world.
