Readers no doubt have forgotten this circumstance; and, in their total lack of interest in Karl Theodor and his paltry affairs, may as well be reminded of it;—and furthermore, that these brilliant young Wives, "Duchess Clement" especially, called on Wilhelmina during the Frankfurt Gayeties, and were a charm to Kaiser Karl Albert, striving to look forward across clouds into a glittering future for his House. Theodor's Princess brought him no children; she and her Sister are both still living; a lone woman the latter (Duke Clement dead these seven years),—a still more lone the former, with such a Husband yet living! Lone women both, well forward in the fifties; active souls, I should guess, at least to judge by Duchess Clement, who being a Dowager, and mistress of her movements, is emphatic in denouncing such disaster and disgrace; and plays a great part, at Munchen, in the agitating scenes now on hand. Comes out "like a noble Amazon," say the admiring by-standers, on this occasion; stirs whatever faculty she has, especially her tongue; and goes on urging, pushing and contriving all she can, regardless of risks in such an imminency.

Karl Theodor finds his Heritages indisputable; but he has no Legitimate Son to leave them to; and has many Illegitimate, whom Austria can provide for,—and richly will. His Heir is a Nephew, Karl August Christian, of Zweibruck; whom perhaps it would not be painful to him to disappoint a little of his high expectations. On the whole, Peace; plentiful provision, titular and other, for his Illegitimates; and a comfortable sum of ready money over, to enliven the Theatricals, Dusseldorf Picture-Galleries and Dilettante operations and Collections,—how much welcomer to Theodor than a Baiern never so religiously saved entire at the expense of quarrel, which cannot but be tedious, troublesome and dangerous! Honor, indeed—but what, to an old stager in the dilettante line, is honor? Old stagers there are who will own to you, like Balzac's Englishman in a case of conflagration, when honor called on all men to take their buckets, "MAIS JE N'AI POINT D'HONNEUR!" To whom, unluckily, you cannot answer as in that case, "C'EST EGAL, 'T is all one; do as if you had some!" Karl Theodor scandalously left Baiern to its fate.

Karl Theodor's Heir, poor August Christian of Zweibruck, had of course his own gloomy thoughts on this parcelling of his Bavarian reversion: but what power has he? None, he thinks, but to take the inevitable patiently. Nor generally in the Princes of the Reich, though one would have thought them personally concerned, were it only for danger of a like mistreatment, was there any emotion publicly expressed, or the least hope of help. "Perhaps Prussia will quarrel about it?" think they: "Austria, Prussia, in any of their quarrels we get only crushed; better to keep out of it. We well out of it, the more they quarrel and fight, the better for us!" England, in the shape of Hanover, would perhaps have made some effort to interfere, provided France did: on either side, I incline to think,—that is to say, on the side opposite to France. But poor England is engaged with its melancholy American War; France on the point of breaking out into Alliance with the Insurrection there. Neither France nor England did interfere. France is sinking into bankruptcy; intent to have a Navy before most things; to assist the Cause of Human Liberty over seas withal, and become a sublime spectacle, and a ruin to England,—not as in the Pitt-Choiseul time, but by that improved method. Russia, again involved in Turk business, looks on, with now and then a big word thrown out on the one side and the other.—Munchen, in the interval, we can fancy what an agitated City! One Note says:—

"Kurfurst Max Joseph being dead (30th December, 1777), Privy Councillor Johann Euchar von Obermayr, favorite and factotum Minister of the Deceased, opened the Chatoulle [Princely Safe, or Case of Preciosities]; took from it the Act, which already lay prepared, for Homaging and solemn Instalment of Karl Theodor Kur-Pfalz, as heir of Baiern; with immediate intent to execute the same. Euchar orders strict closure of the Town-gates; the Soldiery to draw out, and beset all streets,—especially that street where Imperial Majesty's Ambassador lives: 'Rank close with your backs to that House,' orders Euchar; 'and the instant anybody stirs to come out, sound your drums, and, at the same instant, let the rearmost rank of you, without looking round [for one would not give offence, unless imperative] smite the butts of their muskets to the ground' (ready for firing, IF imperative). Nobody, I think, stirred out from that Austrian Excellency's House; in any case, Obermayr completed his Act without the least protest or trouble from anybody; and Karl Theodor, almost to his terror [for he meant to sell, and satisfy Austria, by no means to resist or fight, the paltry old creature, careful of self and skin only], saw himself solemnly secured by all forms of law in all the Lands of the Deceased. [Fischer, Geschichte Friedrichs des Zweiten (Halle, 1787), ii. 358.]

"Kaiser Joseph, in a fume at this, shot off an express to Bohemia: 'Such and such regiments, ten or twelve of you, with your artillery and tools, march instantly into Straubingen, and occupy that Town and District.' At Vienna, to the Karl-Theodor Ambassador, the Kaunitz Officials were altogether loud-voiced, minatory: 'What is this, Herr Excellenz? Bargain already made; lying ready for mere signature; and at Munchen such doings. Sign this Bargain, or there cross your frontier 60,000 Austrian men, and seize both Baiern and the Ober-Pfalz; bethink you, Herr!' The poor Herr bethought him, what could he do? signed the Bargain, Karl Theodor sanctioning, 3d January, 1778,—the fourth day after Obermayr's Homaging feat;—and completes the first act of this bad business. The Bargain, on Theodor's side, was of the most liberal kind: All and sundry the Lands and Circles of Duke Johann of Straubingen, Lordship of Mindelheim [Marlborough's old Place] superadded, and I know not what else; Sovereignty of the Fiefs in Ober-Pfalz to lapse to the Crown of Bohmen on my decease." Half Bavaria, or better; some reckon it as good as two-thirds.

The figure of Duchess Clement, Amazon in hair-powder, driviug incessantly about among the officialities and aristocratic circles; this and the order of "Rattle your muskets on the ground;" let these two features represent to us the Munchen of those months. Munchen, Regensburg, Vienna are loud with pleading, protocolling; but it is not there that the crisis of the game will be found to lie.

Friedrich has, for some time back, especially since the late Kur-Baiern's illness, understood that Austria, always eager for a clutch at Baiern, had something of that kind in view; but his first positive news of it was a Letter from Duchess Clement (date, JANUARY 3d), which, by the detail of facts, unveiled to his quick eye the true outline, extent and nature of this Enterprise of Austria's; Enterprise which, he could not but agree with Duchess Clement, was one of great concernment not to Baiern alone. "Must be withstood; prevented, at whatever risk," thought Friedrich on the instant: "The new Elector, Karl Theodor, he probably is dead to the matter; but one ought to ask him. If he answer, Dead; then ask his Heir, Have you no life to it?" Heir is a gallant enough young gentleman, of endless pedigree, but small possessions, "Karl August Christian [Karl II. in Official style], Duke of Zweibruck-Birkenfeld," Karl Theodor's eldest Nephew; Friedrich judges that he probably will have haggled to sign any Austrian convention for dismembering Baiern, and that he will start into life upon it so soon as he sees hope.

"A messenger to him, to Karl Theodor and him," thinks Friedrich: "a messenger instantly; and who?" For that clearly is the first thing. And a delicate thing it is; requiring to be done in profoundest secrecy, by hint and innuendo rather than speech; by somebody in a cloak of darkness, who is of adroit quality, and was never heard of in diplomatic circles before, not to be suspected of having business of mine on hand. Friedrich bethinks him that in a late visit to Weimar, he had noticed, for his fine qualities, a young gentleman named Gortz; Eustace von Gortz, [Preuss, iv. 92 n. &c.] late Tutor to the young Duke (Karl August, whom readers know as Goethe's friend): a wise, firm, adroit-looking young gentleman; who was farther interesting as Brother to Lieutenant-General von Gortz, a respectable soldier of Friedrich's. Ex-Tutor at Weimar, we say, and idle for the moment; hanging about Court there, till he should find a new function.

Of this Ex-Tutor Friedrich bethinks him; and in the course of that same day,—for there is no delay,—Friedrich, who is at Berlin, beckons General Gortz to come over to him from Potsdam instantly. "Hither this evening; and in all privacy meet me in the Palace at such an hour" (hour of midnight or thereby); which of course Gortz, duly invisible to mankind, does. Friedrich explains: An errand to Munchen; perfectly secret, for the moment, and requiring great delicacy and address; perhaps not without risk, a timorous man might say: will your Brother go for me, think you? Gortz thinks he will. "Here is his Instruction, if so," adds the King, handing him an Autograph of the necessary outline of procedure,—not signed, nor with any credential, or even specific address, lest accident happen. "Adieu then, Herr General-Lieutenant; rule is, shoes of swiftness, cloak of darkness: adieu!" And Gortz Senior is off on the instant, careering towards Weimar, where he finds Gortz Junior, and makes known his errand. Gortz Junior stares in the natural astonishment; but, after some intense brief deliberation, becomes affirmative, and in a minimum of time is ready and on the road.

Gortz Junior proved to have been an excellent choice on the King's part; and came to good promotion afterwards by his conduct in this affair. Gortz Junior started for Munchen on the instant, masked utterly, or his business masked, from profane eyes; saw this person, saw that, and glided swiftly about, swiftly and with sure aim; and speedily kindled the matter, and had smoke rising in various points. And before January was out, saw the Reichs-Diet at Regensburg, much more the general Gazetteerage everywhere, seized of this affair, and thrown into paroxysms at the size and complexion of it: saw, in fact, a world getting into flame,—kindled by whom or what nobody could guess, for a long time to come. Gortz had great running about in his cloak of darkness, and showed abundant talent of the kind needed. A pushing, clear-eyed, stout-hearted man; much cleverness and sureness in what he did and forbore to do. His adventures were manifold; he had much travelling about: was at Regensburg, at Mannheim; saw many persons whom he had to judge of on the instant, and speak frankly to, or speak darkly, or speak nothing; and he made no mistake. One of his best counsellors, I gather, was Duchess Clement: of course it was not long till Duchess Clement heard some inkling of him; till, in some of his goings and comings, he saw Duchess Clement, who hailed him as an angel of light. In one journey more mysterious than ever, "he was three days invisible in Duchess Clement's Garden-house." "AH, MADAME, QUE N'ETIEZ-VOUS ELECTEUR, Why were not you Elector!" writes Friedrich to her once: "We should not have seen those shameful events, which every good German must blush for, to the bottom of his heart (DONT TOUT BON ALLEMAND DOIT ROUGIR JUSQU'AU FOND DU COEUR)!" [Preuss, iv. 94.]

We cannot afford the least narrative of Gortz and his courses: imagination, from a few traits, will sufficiently conceive them. He had gone first to Karl Theodor's Minister: "Dead to it, I fear; has already signed?" Alas, yes. Upon which to Zweibruck the Heir's Minister; whom his Master had distinctly ordered to sign, but who, at his own peril, gallant man, delayed, remonstrated, had not yet done it; and was able to answer: "Alive to it, he? Yes, with a witness, were there hope in the world!"—which threw Gortz upon instant gallop towards Zweibruck Schloss, in search of said Heir, the young Duke August Christian; who, however, had left in the interim (summoned by his Uncle, on Austrian urgency, to consent along with him); but whom Gortz, by dexterity and intuition of symptoms, caught up by the road, with what a mutual joy! As had been expected, August Christian, on sight of Gortz, with an armed Friedrich looming in the distance, took at once into new courses and activities. From him, no consent now; far other: Treaty with Friedrich; flat refusal ever to consent: application to the Reich, application even to France, and whatever a gallant young fellow could do.

It was by Friedrich's order that he applied to France; his younger Brother, Max Joseph, was a soldier there, and strove to back him in Official and other circles,—who were all friendly, even zealous for him; and gave good words, but had nothing more. This French department of the business was long a delay to Friedrich's operations: and in result, poor Max's industry there, do what he could, proved rather a minus quantity than otherwise. A good young man, they say; but not the man to kindle into action horses that are dead,—of which he had experience more than once in time coming. He is the same that, 30 years after, having survived his childless elder Brother, became King Max, first King of Baiern; begot Ludwig, second King,—who, for his part, has begotten Otho King of Greece, and done other feats still less worth mentioning. August Christian's behavior is praised as excellent,—passively firm and polite; the grand requisite, persistence on your ground of "No:"—but his luck, to find such a Friedrich, and also to find such a Gortz, was the saving clause for him.

Friedrich was in very weak health in these months; still considered by the Gazetteers to be dying. But it appears he is not yet too weak for taking, on the instant necessary, a world-important resolution; and of being on the road with it, to this issue or to that, at full speed before the day closed. "Desist, good neighbor, I beseech you. You must desist, and even you shall:" this resolution was entirely his own; as were the equally prompt arrangements he contrived for executing it, should hard come to hard, and Austria prefer war to doing justice. "Excellent methods," say the most unfriendly judges, "which must at once have throttled Austria into compliance, had he been as prompt in executing them;—which he by no means was. And there lies his error and failure; very lamentable, excusable only by decrepitude of body producing weakness and decay of mind." This is emphatically and wearisomely Schmettau's opinion, [F. W. C. Graf van Schmettau (this is the ELDER Schmettau's Son, not the DRESDENER'S whom we used to quote), FELDZUG DER PREUSSISCHEN ARMEE IN BOHMEN IM JAHRE 1778 (Berlin, 1789,—simultaneously in French too, with Plans): with which—as the completest Account by an eager Witness and Participator—compare always Friedrich's own (MEMOIRES DE LA GUERRE DE 1778), in OEuvres de Frederic, vi. 135-208. Schoning (vol. iv.), besides his own loose Narrative, or Summary, has given all the CORRESPONDENCE between Henri and the King:—sufficient to quench the sharpest appetite on this subject.] who looks at it only as a military Adjutant, intent on honor and rapid feats of war,—with how much reason, readers not Prussian or military shall judge as we go on.

Saxony, we ought to mention, was also aggrieved. The Dowager-Electress Maria Antoinette, our sprightly friend, had, as sole surviving Sister of the late Kurfurst Max, the undoubted heirship of Kurfurst Max's "allodial properties and territories:" territories, I think, mainly in the Ober-Pfalz (which are NOT Bavaria Proper, but were acquired in the Thirty-Years War), which are important in value, and which Austria, regardless of our lively friend, has laid hold of as lapsed fiefs of Bohemia. Clearly Bohemian, says Austria; and keeps hold. Our lively friend hereupon makes over all her rights in that matter to her Son, the reigning Elector; with the counsel, if counsel were needed, "Ask protection of King Friedrich; go wholly with King Friedrich." Mecklenburg too has an interest. Among the lapsed fiefs is one to a Duchy called of Leuchtenberg;—in regard to which, says Mecklenburg, as loud as it can, "That Duchy is not lapsed at all; that is now mine, witness this Document" (of a valid testamentary nature)! Other claims were put in; but these three: Zweibruck endlessly important; Saxony important too, though not in such degree; Mecklenburg unimportant, but just,—were alone recognized in impartial quarters as authentic and worthy of notice.

Of the pleadings and procedures in the Reichs Diet no reader would permit me to speak, were I inclined. Enough to understand that they went on in the usual voluminous dull-droning way, crescendo always; and deserve, what at present they are sure of, oblivion from all creatures. The important thing was, not those pleadings in the Reichs Diet, nor the Austrian proposals there or elsewhere; but the brandishing of arms in emitting and also in successively answering the same. Answer always No by Friedrich, and some new flash of handled arms,—the physiognomy of which was the one significant point, Austria, which is far from ready with arms, though at each fresh pleading or proposal it tries to give a kind of brandish, says mainly three things, in essence somewhat thus. AUSTRIA: "Cannot two States of the Reich come to a mutual understanding, as Austria and Bavaria have done? And what have third parties to say to it?" FRIEDRICH: "Much! Parties of the Reich have much to say to it!" (This several times with variations.) AUSTRIA: "Our rights seem to us valid: Zweibruck, Saxony, Mecklenburg, if aggrieved, can try in the Reichs Law-Courts." FRIEDRICH: "Law-Courts!" with a new brandish; that is, sets more regiments on march, from Pommern to Wesel all on march, to Berlin, to Silesia, towards the Bohemian Frontier. AUSTRIA, by the voice of Kaunitz: "We will not give up our rights without sentence of Law. We cannot recognize the King of Prussia as Law-Judge in this matter." FRIEDRICH: "The King of Prussia is of the Jury!"

Pulse after pulse, this is something like the course things had, crescendo till, in about three months, they got to a height which was evidently serious. Nay, in the course of the pleadings it became manifest that on the Austrian grounds of claim, not Maria Theresa could be heir to Straubingen, but Friedrich himself: "I descend from Three-Crown Albert's Daughter," said Maria Theresa. "And I from an elder Daughter of his, and do not claim!" Friedrich could have answered, but did not; treating such claim all along as merely colorable and chimerical, not worth attention in serious affairs of fact. Till, at length, after about three months, there comes a really serious brandish.

SUNDAY, APRIL 5th, 1778, at Berlin, Friedrich holds review of his Army, all assembled, equipped and in readiness; and (in that upper Parole-Room of the Schloss) makes this Speech, which, not without extraneous intention, was printed in the Newspapers:—

FRIEDRICH'S SPEECH TO HIS GENERALS. "Gentlemen, I have assembled you here for a public object. Most of you, like myself, have often been in arms along with one another, and are grown gray in the service of our Country: to all of us is well known in what dangers, toils and renown we have been fellow-sharers. I doubt not in the least that all of you, as myself, have a horror of bloodshed: but the danger which now threatens our Countries, not only renders it a duty, but puts us in the absolute necessity, to adopt the quickest and most effectual means for dissipating at the right time the storm which threatens to break out on us.

"I depend with complete confidence on your soldierly and patriotic zeal, which is already well and gloriously known to me, and which, while I live, I will acknowledge with the heartiest satisfaction. Before all things, I recommend to you, and prescribe as your most sacred duty, That, in every situation, you exercise humanity on unarmed enemies; and be continually attentive that, in this respect too, there be the strictest discipline (MANNSZUCHT) kept among those under you.

"To travel with the pomp of a King is not among my wishes: and all of you are aware that I have no pleasure in rich field-furniture: but my increasing age, and the weakness it brings, render me incapable of riding as I did in my youth. I shall, therefore, be obliged to make use of a post-chaise in times of marching; and all of you have liberty to do the same. But on the day of battle you shall see me on horseback; and there, also, I hope my Generals will follow that example."

VOLTAIRE SMOTHERED UNDER ROSES. King's Speech was on Sunday, April 5th, Evening of last Monday (March 30th), at the Theatre Francais in Paris, poor Voltaire had that world-famous apotheosis of his; and got "smothered under roses," as he termed it. He had left Ferney (such the urgency of Niece Denis and her unappeasable desire for a sight of Paris again) February 5th; arrived in Paris February 10th; ventured out to see his poor last Tragedy, not till the sixth night of it, March 30th; was beshouted, crowned, raised to the immortal gods by a repentant Paris world: "Greatest of men,—You were not a miscreant and malefactor, then: on the contrary, you were a spiritual Hercules, a heroic Son of Light; Slayer of the Nightmare Monsters, and foul Dragons and Devils that were preying on us: to you shall not we now say, Long life, with all our throats and all our hearts,"—and so quench you at last! Which they managed to do, poor repentant souls. The tottering wayworn Voltaire, over-agitated in this way, took to bed; never rose again; and on that day two months was dead. [In DUVERNET, and still better in LONGCHAMP ET WAGNIERE, ample account of these interesting occurrences.] His light all done; to King Friedrich, or to any of us, no flash of radiancy from him any more forever.

APRIL 6th, Friedrich gets on march—perhaps about 100,000 strong—for Schonwalde, in the Neisse-Schweidnitz neighborhood; and there, in the course of the week, has cantoned himself, and sits completing his magazines and appliances for actual work of war. This is a considerable brandish; and a good deal astonishes Kaunitz and the Vienna people, who have not 10,000 at present on those Frontiers, and nothing whatever in a state of readiness. "Dangerous really!" Kaunitz admits; and sets new regiments on march from Hungary, from the Netherlands, from all ends of the Earth where they are. Tempers his own insolent talk, too; but strives to persuade himself that it is "Menace merely. He won't; he abhors war." Kaunitz had hardly exaggerated Friedrich's abhorrence of war; though it turned out there were things which Friedrich abhorred still more.

Schonwalde, head-quarter of this alarming Prussian cantonment, is close on the new Fortress of Silberberg, a beautiful new impregnability, looking into those valleys of the Warta, of the young Neisse, which are the road to Bohemia or from it,—where the Pandour torrents used to issue into the first Silesian Wars; where Friedrich himself was once to have been snapped up, but was not quite,—and only sang Mass as Extempore Abbot, with Tobias Stusche, in the Monastery of Camenz, according to the myth which readers may remember. No more can Pandours issue that way; only Prussians can enter in. Friedrich's windows in the Schloss of Schonwalde,—which are on the left hand, if you be touring in those parts,—look out, direct upon Silberberg, and have its battlements between them and the 3-o'clock Sun. [Schoning, iv. (Introductory Part).] In the Town of Silberberg, Friedrich has withal a modest little lodging,—lodging still known,—where he can alight for an hour or a night, in the multifarious businesses that lead him to and fro. "A beautiful place," says Schoning; "where the King stayed twelve weeks" or more; waiting till the Bavarian-Austrian case should ripen better. At Schonwalde, what was important in his private circle, he heard of Lord Marischal's death, then of Voltaire's; not to mention that of English Pitt, and perhaps others interesting to him. [Voltaire died May 30th; Marischal, May 25th; Pitt, May 11th;—and May 4th, in the Cantonment here, died General von Rentzel, the same who, as Lieutenant Rentzel, sixty years ago, had taught the little Crown-Prince his drill (Rodenbeck, iii. 187).]

"Now was the time," cry Schmettau and the unfavorable, "when he might have walked across into Eastern Bohemia, into Mahren, whither you like; to Vienna itself, and taken Austria by the throat at discretion: 'Do justice, then, will you! Let go Bavaria, or—!' In his young years, would not he have done so? His Plan, long since laid down, was grand: To march into Mahren, leaving Silesia guarded; nay leaving Bohemia to be invaded,—for Prince Henri, and the Saxons, who are a willing handful, and will complete Henri likewise to 100,000, were to do that, feat the while;—March into Mahren, on to Vienna if he chose; laying all flat. Infallible," say the Schmettau people. "He had the fire of head to contrive it all; but worn down and grown old, he could not execute his great thoughts." Which is obviously absurd, Friedrich's object not being to lay Austria flat, or drive animosities to the sanguinary point, and kindle all Europe into war; but merely to extract, with the minimum of violence, something like justice from Austria on this Bavarian matter. For which end, he may justly consider slow pressure preferable to the cutting method. His problem is most ticklish, not allowed for by Schmettau.

The encampment round Schonwalde, especially as there was nothing ready thereabouts on the Austrian side, produced a visible and great effect on the negotiations; and notably altered the high Kaunitz tone towards Friedrich. "Must two great Courts quarrel, then, for the sake of a small one?" murmured Kaunitz, plaintively now, to himself and to the King,—to the King not in a very distinct manner, though to himself the principle is long since clear as an axiom in Politics: "Great Courts should understand one another; then the small would be less troublesome." For a quarter of a century this has been the Kaunitz faith. In 1753, when he miraculously screwed round the French into union with the Austrians to put down an upstart Prussia, this was his grand fulcrum, the immovable rock in which the great Engineer fixed down his political capstans, and levered and screwed. He did triumphantly wind matters round,—though whether they much profited him when round, may be a question.

But the same grand principle, in the later instance of partitioning Poland, has it not proved eminently triumphant, successful in all points? And, doubtless, this King of Prussia recognizes it, if made worth his while, thinks Kaunitz. In a word, Kaunitz's next utterance is wonderfully changed. The great Engineer speaks almost like a Bishop on this new text. "Let the Two Courts," says he, "put themselves each in the other's place; each think what it would want;" and in fact each, in a Christian manner, try to do as it would be done by! How touching in the mouth of a Kaunitz, with something of pathos, of plaintiveness, almost of unction in it! "There is no other method of agreeing," urges he: "War is a terrible method, disliked by both of us. Austria wishes this of Bavaria; but his Prussian Majesty's turn will come, perhaps now is (let him say and determine); we will make it worth his while." This is of APRIL 24th; notable change since the cantoning round Schonwalde.

Germany at large, though it lay so silent, in its bedrid condition, was in great anxiety. Never had the Holy Romish Reich such a shock before: "Meaning to partition us like Poland?" thought the Reich, with a shudder. "They can, by degrees, if they think good; these Two Great Sovereigns!" Courage, your Durchlauchts: one of the Two great ones has not that in his thoughts; has, and will have, the reverse of that; which will be your anchorages in the storms of fate for a long time to come! Nor was it—as will shortly appear to readers—Kaunitz's immediate intention at all: enough if poor we can begin it, set it fairly under way; let some unborn happier Kaunitz, the last of a series, complete such blessed consummation; in a happier time, far over the practical horizon at present. This we do gather to have been Kaunitz's real view; and it throws a light on the vexed Partition-of-Poland question, and gives weight to Dohm's assertion, That Kaunitz was the actual beginner there.

Weeks before Friedrich heard of this remarkable Memorial, and ten days before it was brought to paper, there came to Friedrich another unexpected remarkable Document: a LETTER from Kaiser Joseph himself, who is personally running about in these parts, over in Bohemia, endeavoring to bring Army matters to a footing; and is no doubt shocked to find them still in such backwardness, with a Friedrich at hand. The Kaiser's Letter, we perceive, is pilot-balloon to the Kaunitz episcopal Document, and to an actual meeting of Prussian and Austrian Ministers on the Bavarian point; and had been seen to be a salutary measure by an Austria in alarm. It asks, as the Kaunitz Memorial will, though in another style, "Must there be war, then? Is there no possibility left in negotiation and mutual concession? I am your Majesty's friend and admirer; let us try." This was an unexpected and doubtless a welcome thing to Friedrich; who answers eagerly, and in a noble style both of courtesy and of business sense: upon which there followed two other Imperial Letters with their two Royal answers; [In OEuvres de Frederic, (vi. 183-193), Three successive Letters from the Kaiser (of dates, "Olmutz," "Litau," "Konigsgratz," 13th-19th April, 1778), with King's Answers ("Schonwalde," all of them, and 14th-20th April),—totally without interest to the general reader.] and directly afterwards the small Austrian-Prussian Congress we spoke of, Finkenstein and Hertzberg on the Prussian part, Cobenzl on the Austrian (Congress sitting at Berlin), which tried to agree, but could not; and to which Kaunitz's Memorial of April 24th was meant as some helpful sprinkling of presidential quasi-episcopal oil.

Oil merely: for it turned out, Kaunitz had no thought at present of partitioning the German Reich with Friedrich; but intended merely to keep his own seized portion of Baiern, and in return for Friedrich's assent intended to recompense Friedrich with—in fact, with Austria's consent, That if Anspach and Baireuth lapsed home to Prussia (as it was possible they might, the present Margraf, Friedrich's Nephew, the Lady-Craven Margraf, having a childless Wife), Prussia should freely open the door to them! A thing which Friedrich naturally maintained to be in need of nobody's consent, and to lie totally apart from this question; but which Austria always considered a very generous thing, and always returned to, with new touches of improvement, as their grand recipe in this matter. So that, unhappily, the Hertzberg-Cobenzl treatyings, Kaiser's Letters and Kaunitz's episcopal oil, were without effect,—except to gain for the Austrians, who infinitely needed it, delay of above two months. The Letters are without general interest: but, for Friedrich's sake, perhaps readers will consent to a specimen? Here are parts of his First Letter: people meaning to be Kings (which I doubt none of my readers are) could not do better than read it, and again read it, and acquire that style, first of knowing thoroughly the object in hand, and then of speaking on it and of being silent on it, in a true and noble manner:—

FRIEDRICH TO HIS IMPERIAL MAJESTY (at Olmutz).

"SCHONWALDE, 14th April, 1778.

"SIRE MY BROTHER,—I have received, with all the satisfaction possible, the Letter which your Imperial Majesty has had the goodness to write to me. I have neither Minister nor Clerk (SCRIBE) about me; therefore your Imperial Majesty will be pleased to put up with such Answer as an Old Soldier can give, who writes to you with probity and frankness, on one of the most important subjects which have risen in Politics for a long time.

"Nobody wishes more than I to maintain peace and harmony between the Powers of Europe: but there are limits to everything; and cases so intricate (EPINEUX) arise that goodwill alone will not suffice to maintain things in repose and tranquillity. Permit me, Sire, to state distinctly what the question seems to me to be. It is to determine if an Emperor can dispose at his will of the Fiefs of the Empire. Answer in the affirmative, and, all these Fiefs become TIMARS [in the Turk way], which are for life only; and which the Sultan disposes of again, on the possessor's death. Now, this is contrary to the Laws, to the Customs and Constitutions of the German Empire."—"I, as member of the Empire, and as having, by the Treaty of Hubertsburg, re-sanctioned the Peace of Westphalia, find myself formally engaged to support the immunities, the liberties and rights of the Germanic Body.

"This, Sire, is the veritable state of things. Personal interest I have none: but I am persuaded your Majesty's self would regard me as a paltry man, unworthy of your esteem, should I basely sacrifice the rights, immunities and privileges, which the Electors and I have received from our Ancestors.

"I continue to speak to your Majesty with the same frankness. I love and honor your person. It will certainly be hard for me to fight against a Prince gifted with excellent qualities, and whom I personally esteem. But"—And is there no remedy? Anspach and Baireuth stand in no need of sanction. I consent to the Congress proposed:—being with the &c. &c.—F. [OEuvres de Frederic, vi. 187.]

The sittings of this little Congress at Berlin lasted all through May and June; to the disgust of Schmettau and the ardent Prussian mess-rooms, "lying ready here, and forbidden to act." For the Austrians all the while were at their busiest, improving the moments, marching continually hitherward from Hungary, from Limburg, from all ends of the earth. Both negotiating parties had shown a manifest wish to terminate without war; and both made various attempts or proposals that way; Friedrich offering, in the name of European peace, to yield the Austrians some small rim or paring of Bavaria from the edge adjoining them; the Austrians offering Anspach-Baireuth with some improvements;—always offering Friedrich his own Baireuth-Anspach with some new sauce (as that he might exchange those Territories with Saxony for a fine equivalent in the Lausitz, contiguous to him, which was a real improvement and increase):—but as neither party would in the least give up in essentials, or quit the ground it had taken, the result was nothing. Week after week; so many weeks are being lost to Friedrich; gained to Austria: Schmettau getting more and more disgusted.

Friedrich still waited; not in all points quite ready yet, he said, nor the futile diplomacies quite complete;—evidently in the highest degree unwilling to come to the cutting point, and begin a War which nobody could see the end of. Many things he tried; Peace so precious to him, try and again try. All through June too, this went on; the result always zero,—obviously certain to be so. As even Friedrich had at last to own to himself; and likewise that the Campaign season was ebbing away; and that if his grand Moravian scheme was to be tried on Austria, there was not now a moment to lose.

Friedrich's ultimate proposal, new modification of what all his proposals had been, "To you some thin rim of Baiern; to Saxony and Mecklenburg some ETCETERA of indemnity, money chiefly (money always to be paid by Karl Theodor, who has left Baiern open to the spoiler in this scandalous manner)," was of June 13th; Austrians for ten days meditating on it, and especially getting forward their Army matters, answer, June 24th "No we won't." Upon which Friedrich—to the joy of Schmettau and every Prussian—actually rises. Emits his War-Manifesto (JULY 3d): "Declaration to our Brethren (MITSTANDE) of the Reich," that Austria will listen to nothing but War; [Fischer, ii 388; Dohm, Denkwurdigkeiten, i. 110; OEuvres de Frederic, vi. 145.] and, on and from that day, goes flowing forward in perfect columns and arrangements, 100,000 strong; through the picturesque Glatz Country, straight towards the Bohemian Border, hour by hour. Flows over the Bohemian Border by Nachod Town; his vanguard bursting into field-music and flourishes of trumpeting at that grand moment (July 5th); flowed bodily over; and encamped that night on Bohemian ground, with Nachod to rear; thence towards Kwalkowitz, and on the second day to Jaromirtz ("Camp of Jaromirtz"), a little Town which we have heard of before, but which became more famous than ever during the next ten weeks.

Jaromirtz, Kwalkowitz, Konigsgratz: this is the old hill-and-dale labyrinth of an Upper-Elbe Country; only too well known to his Majesty and us, for almost forty years past: here again are the Austrians waiting the King; watching diligently this new Invasion of his out of Glatz and the East! In the same days, Prince Henri, who is also near 100,000, starts from Dresden to invade them from the West. Loudon, facing westward, is in watch of Henri; Lacy, or indeed the Kaiser himself, back-to-back of Loudon, stands in this Konigsgratz-Jaromirtz part; said to be embattled in a very elaborate manner, to a length of fifty miles on this fine ground, and in number somewhat superior to the King;—the Austrians in all counting about 250,000; of whom Lacy has considerably the larger share. The terror at Vienna, nevertheless, is very great: "A day of terror," says one who was there; "I will not trust myself to describe the sensation which this news, 'Friedrich in Bohemia again!' produced among all ranks of people." [Cogniazzo, iv. 316, 320, 321; Preuss, iv. 101, &c.] Maria Theresa, with her fine motherly heart, in alarm for her Country, and trembling "for my two Sons [Joseph and Leopold] and dear Son-in-Law [of Sachsen-Teschen], who are in the Army," overcomes all scruples of pride; instantly despatches an Autograph to the King ("Bearer of this, Baron von Thugut, with Full Powers"); and on her own strength starts a new Negotiation,—which, as will be seen, ended no better than the others. [Her Letters, four in all, with their Appendixes, and the King's Answers, in OEuvres de Frederic, vi. 196-200.]

Schmettau says, "Friedrich, cheated of his Mahren schemes, was still in time; the Austrian position being indeed strong, but not being even yet quite ready." Friedrich himself, however, on reconnoitring, thought differently. A position such as one never saw before, thinks he; contrived by Lacy; masterly use of the ground, of the rivers, of the rocks, woods, swamps; Elbe and his branches, and the intricate shoulders of the Giant Mountains: no man could have done it better than Lacy here, who, they say, is the contriver and practical hand. [OEuvres de Frederic, vi. 147.] From Konigsgratz, northward, by Konigshof, by Arnau, up to Hohenelbe, all heights are crowned, all passes bristling with cannon. Rivers Aupa, Elbe beset with redoubts, with dams in favorable places, and are become inundations, difficult to tap. There are "ditches 8 feet deep by 16 broad." Behind or on the right bank of Elbe, it is mere intrenchment for five-and-twenty miles. With bogs, with thickets full of Croats; and such an amount of artillery,—I believe they have in battery no fewer than 1,500 cannon. A position very considerable indeed:—must have taken time to deliberate, delve and invest; but it is done. Near fifty miles of it: here, clear to your glass, has the head of Lacy visibly emerged on us, as if for survey of phenomena:—head of Lacy sure enough (body of him lying invisible in the heights, passes and points of vantage); and its NECK of fifty miles, like the neck of a war-horse clothed with thunder. On which (thinks Schmettau privately) you may, too late, make your reflections!

Schmettau asserts that the position, though strong, was nothing like so infinitely strong; and that Friedrich in his younger days would very soon have assaulted it, and turned Lacy inside out: but Friedrich, we know, had his reasons against hurry. He reconnoitred diligently; rode out reconnoitring "fifteen miles the first day" (July 6th), ditto the second and following; and was nearly shot by Croats,—by one specific Croat, says Prussian Mythology, supported by Engraving. An old Engraving, which I have never seen; represents Friedrich reconnoitring those five-and-twenty miles of Elbe, which have so many redoubts on their side of it, and swarm with Croat parties on both sides: this is all the truth that is in the Engraving. [Rodenbeck, p. 188.] Fact says: Friedrich ("on the 8th," if that were all the variation) "was a mark for the Austrian sharpshooters for half an hour." Myth says, and engraves it, with the date of "July 7th:" Friedrich, skirting some thicket, suddenly came upon a single Croat with musket levelled at him, wild creature's finger just on the trigger;—and quietly admonishing, Friedrich lifts his finger with a "DU, DU (Ah you!);" upon which, such the divinity that hedges one, the wild creature instantly flings down his murder-weapon, and, kneeling, embraces the King's boot,—with kisses, for anything I know. It is certain, Friedrich, about six times over in this paltry War or Quasi No-War, set his attendants on the tremble; was namely, from Croateries and Artilleries, in imminent peril of life; so careless was he, and dangerous to speak to in his sour humor. Humor very sour, they say, for most part; being in reality altogether backward and loath for grand enterprise; and yet striving to think he was not; ashamed that any War of his should be a No-War. Schmettau says:—

"On the day of getting into Jaromirtz [July 8th], the King, tired of riding about while the Columns were slowly getting in, lay down on the ground with his Adjutants about him. A young Officer came riding past; whom the King beckoned to him;—wrote something with pencil (an Order, not of the least importance), and said: 'Here; that Order to General Lossow, and tell him he is not to take it ill that I trouble him, as I have none in my Suite that can do anything.'" Let the Suite take it as they can! A most pungent, severe old King; quite perverse at times, thinks Schmettau. Thus again, more than once.:—

"On arriving with his Column where the Officer, a perfectly skilful man, had marked out the Camp, the King would lift his spy-glass; gaze to right and left, riding round the place at perhaps a hundred yards' distance; and begin: 'SIEHT ER, HERR, But look, Herr, what a botching you have made of it again (WAS ER DA WIEDER FUR DUMM ZEUG GEMACHT HAT)!' and grumbling and blaming, would alter the Camp, till it was all out of rule; and then say, 'See there, that is the way to mark out Camps.'" [Schmettau, xxv. 30, 24.]

In a week's time, July 13th, came another fine excuse for inaction; Plenipotentiary Thugut, namely, and the Kaiserinn's Letter, which we spoke of. Autograph from Maria Theresa herself, inspired by the terror of Vienna and of her beautiful motherly heart. Negotiation to be private utterly: "My Son, the Kaiser, knows nothing of it; I beg the most absolute secrecy;" which was accordingly kept, while Thugut, with Finkenstein and Hertzberg again, held "Congress of Braunau" in those neighborhoods,—with as little effect as ever. Thugut's Name, it seems, was originally TUNICOTTO (Tyrolese-Italian); which the ignorant Vienna people changed into "THU-NICHT-GUT (Do-no-good)," till Maria Theresa, in very charity, struck out the negative, and made him "Do-good." Do-good and his Congress held Friedrich till August 10th: five more weeks gone; and nothing but reconnoitring,—with of course foraging, and diligently eating the Country, which is a daily employment, and produces fencing and skirmishing enough.

Henri, in the interim, has invaded from the West; seen Leitmeritz, Lobositz;—Prag Nobility all running, and I suppose Prayers to St. Titus going again,—and Loudon in alarm. Loudon, however, saved Prag "by two masterly positions" (not mentionable here); upon which Henri took camp at Niemes; Loudon, the weaker in this part, seizing the Iser as a bulwark, and ranking himself behind it, back-to-back of Lacy. Here for about five weeks sat Henri, nothing on hand but to eat the Country. Over the heads of Loudon and Lacy, as the crow flies, Henri's Camp may be about 70 miles from Jaromirtz, where the King is. Hussar Belling, our old Anti-Swede friend, a brilliant cutting man, broke over the Iser once, perhaps twice; and there was pretty fencing by him and the like of him: "but Prince Henri did nothing," says the King, [OEuvres de Frederic, vi. 154]—was, in fact, helping the King to do nothing. By the 10th of September, as Henri has computed, this Country will be eaten; "Forage, I find, will be quite done here on September 10th," writes Henri, after a week or two's experience.

There was always talk of Henri and the King, who are 100,000 each, joining hands by the post of Arnau, or some weak point of Lacy's well north of Konigsgratz; thus of cutting off the meal-carts of that back-to-back copartnery, and so of tumbling it off the ground (which was perfectly possible, says Schmettau); and small detachments and expeditious were pushed out, General Dahlwig, General Anhalt, partly for that object: but not the least of it ever took effect. "Futile, lost by loitering, as all else was," groans Schmettau. Prince Henri was averse to attempt, intimates the King,—as indeed (though refusing to own it) was I. "September 10th, my forage will be out, your Majesty," says Henri, always a punctual calculating man.

The Austrians, on their side, were equally stagnant; and, except the continual skirmishing with the Prussian foragers, undertook nothing. "Shamefully ill-clone our foraging, too," exclaims Schmettau again and again: "Had we done it with neatness, with regularity, the Country would have lasted us twice as long. Doing it headlong, wastefully and by the rule-of-thumb, the Country was a desert, all its inhabitants fled, all its edibles consumed, before six weeks were over. Friedrich is not now himself at all; in great things or in little; what a changed Friedrich!" exclaims Schmettau, with wearisome iteration.

From about August 6th, or especially August 10th, when the Maria-Theresa Correspondence, or "Congress of Braunau," ended likewise in zero, Friedrich became impatient for actual junction with Prince Henri, actual push of business; and began to hint of an excellent plan he had: "Burst through on their left flank; blow up their post of Hohenelbe yonder: thence is but one march to Iser river; junction with Prince Henri there; and a Lacy and a Loudon tumbled to the winds." "A plan perfectly feasible," says Schmettau; "which solaced the King's humor, but which he never really intended to execute." Possibly not; otherwise, according to old wont, he would have forborne to speak of it beforehand. At all events, August 15th, in the feeling that one ought really to do something, the rather as forage hereabouts was almost or altogether running out, he actually set about this grand scheme.

Got on march to rightward, namely, up the Aupa river, through the gloomy chasms of Kingdom-Wood, memorable in old days: had his bakery shifted to Trautenau; his heavy cannon getting tugged through the mire and the rains, which by this time were abundant, towards Hohenelbe, for the great enterprise: and sat encamped on and about the Battle-ground of Sohr for a week or so, waiting till all were forward; eating Sohr Country, which was painfully easy to do. The Austrians did next to nothing on him; but the rains, the mud and scarcity were doing much. Getting on to Hohenelbe region, after a week's wet waiting, he, on ocular survey of the ground about, was heard to say, "This cannot be done, then!" "Had never meant to do it," sneers Schmettau, "and only wanted some excuse." Which is very likely. Schmettau gives an Anecdote of him here: In regard to a certain Hill, the Key of the Austrian position, which the King was continually reconnoitring, and lamenting the enormous height of, "Impossible, so high!" One of the Adjutants took his theodolite, ascertained the height, and, by way of comforting his Majesty, reported the exact number of feet above their present level. "How do YOU know, Herr?" said the King angrily. "Measured it by Trigonometry, your Majesty."—"Trigonometry! SCHER' ER SICH ZUM TEUFEL (Off with you, Sir, to the Devil, your Trigonometry and you!)"—no believer in mathematics, this King.

He was loath to go; and laid the blame on many things. "Were Prince Henri now but across the Iser. Had that stupid Anhalt, when he was upon it [galloping about, to the ruin of his head], only seized Arnau, Arnau and its Elbe-Bridge; and had it in hand for junction with Prince Henri!" In fine, just as the last batch of heavy cannon—twenty or thirty hungered horses to a gun, at the rate of five miles a day in roads unspeakable—were getting in, he ordered them all to be dragged back, back to the Trautenau road; whither we must now all go. And, SEPTEMBER 8th, in perfect order, for the Austrians little molested him, and got a bad bargain when they did, the great Friedrich with his whole Army got on march homeward, after such a Campaign as we see. Climbed the Trautenau-Landshut Pass, with nothing of effective loss except from the rainy elements, the steep miry ways and the starved horses; draught-horses especially starved,—whom, poor creatures, "you would see spring at the ropes [draught-harness], thirty of them to a gun, when started and gee-ho'd to; tug violently with no effect, and fall down in whole rows."

Prince Henri, forage done, started punctually September 10th, two days after his Brother; and with little or no pursuit, from the Austrians, and with horses unstarved, got home in comparatively tolerable circumstances. Cantoned himself in Dresden neighborhood, and sat waiting: he had never approved this War; and now, I suppose, would not want for reflections. Friedrich's cantonments were round Landshut, and spread out to right and to left, from Glatz Country and the Upper-Silesian Hills, to Silberberg and Schweidnitz;—his own quarter is the same region, where he lay so long in Summer, 1759, talking on learned subjects with the late Quintus Icilius, if readers remember, and wearily waiting till Cunctator Daun (likewise now deceased) took his stand, or his seat, at Mark Lissa, and the King could follow him to Schmottseifen. Friedrich himself on this present occasion stayed at Schatzlar as rear-guard, to see whether the Austrians would not perhaps try to make some Winter Campaign of it, and if so, whether they would attempt on Prince Henri or on him. The Austrians did not attempt on either; showed no such intention,—though mischievous enough in other small ways. Friedrich wrote the ELOGE of Voltaire [OEuvres de Frederic, vii. 50 et seq. ("finished Nov. 26th, 1778").] while he waited here at Schatzlar, among the rainy Mountains. Later on, as prospects altered, he was much at Breslau, or running about on civic errands with Breslau as centre: at Breslau he had many Dialogues with Professor Garve,—in whose good, but oppressively solemn, little Book, more a dull-droning Preachment than a Narrative, no reader need look for them or for him.

As to the EULOGY OF VOLTAIRE, we may say that it is generous, ingenious, succinct; and of dialect now obsolete to us. There was (and is, though suppressed) another EULOGY, brand-new, by a Contemporary of our own,—from which I know not if readers will permit me a sentence or two, in this pause among the rainy Mountains?

... "A wonderful talent lay in this man—[in Voltaire, to wit; "such an intellect, the sharpest, swiftest of the world," thinks our Contemporary; "fathoming you the deepest subject, to a depth far beyond most men's soundings, and coming up with victory and something wise and logically speakable to say on it, sooner than any other man,—never doubting but he has been at the bottom, which is from three to ten miles lower!"] wonderful talent; but observe always, if you look closely, it was in essence a mere talent for Speech; which talent Bavius and Maevius and the Jew Apella may admire without looking behind it, but this Eulogist by no means will. Speech, my friend? If your sublime talent of speech consists only in making ignorance appear to be knowledge, and little wisdom appear to be much, I will thank you to walk on with it, and apply at some other shop. The QUANTITY of shops where you can apply with thrice-golden advantage, from the Morning Newspapers to the National Senate, is tremendous at this epoch of the poor world's history;—go, I request you! And while his foot is on the stairs, descending from my garret, I think: O unfortunate fellow-creature in an unfortunate world, why is not there a Friedrich Wilhelm to 'elect' you, as he did Gundling, to his TOBACCO Parliament, and there set Fassmann upon you with the pans of burning peat? It were better even for yourself; wholesomely didactic to your poor self, I cannot doubt; and for the poor multitudes to whom you are now to be sacred VATES, speaking and singing YOUR dismal GUNDLINGIANA as if inspired by Heaven, how infinitely better!—Courage, courage! I discern, across these hideous jargons, the reign of greater silence approaching upon repentant men; reign of greater silence, I say; or else that of annihilation, which will be the most silent of all....

"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 (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,

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.

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.