ABOLITION OF LEGAL TORTURE
Friedrich makes haste, next, to strike into Law-improvements. It is but the morrow after this of the Corn-magazines, by KABINETS-ORDRE (Act of Parliament such as they can have in that Country, where the Three Estates sit all under one Three-cornered Hat, and the debates are kept silent, and only the upshot of them, more or less faithfully, is made public),by Cabinet Order, 3d June, 1740, he abolishes the use of Torture in Criminal Trials. [Preuss, Friedrichs Jugend und Thronbesteigung (Berlin, 1840,a minor Book of Preuss's), p. 340. Rodenbeck, i. 14 ("3d June").] Legal Torture, "Question" as they mildly call it, is at an end from this date. Not in any Prussian Court shall a "question" try for answer again by that savage method. The use of Torture had, I believe, fallen rather obsolete in Prussia; but now the very threat of it shall vanish,the threat of it, as we may remember, had reached Friedrich himself, at one time. Three or four years ago, it is farther said, a dark murder happened in Berlin: Man killed one night in the open streets; murderer discoverable by no method,unless he were a certain CANDIDATUS of Divinity to whom some trace of evidence pointed, but who sorrowfully persisted in absolute and total denial. This poor Candidatus had been threatened with the rack; and would most likely have at length got it, had not the real murderer been discovered,much to the discredit of the rack in Berlin. This Candidatus was only threatened; nor do I know when the last actual instance in Prussia was; but in enlightened France, and most other countries, there was as yet no scruple upon it. Barbier, the Diarist at Paris, some time after this, tells us of a gang of thieves there, who were regularly put to the torture; and "they blabbed too, ILS ONT JASE," says Barbier with official jocosity. [Barbier, Journal Historique du Regne de Louis XV. (Paris, 1849), ii. 338 (date "Dec. 1742").]
Friedrich's Cabinet Order, we need not say, was greeted everywhere, at home and abroad, by three rounds of applause;in which surely all of us still join; though the PER CONTRA also is becoming visible to some of us, and our enthusiasm grows less complete than formerly. This was Friedrich's first step in Law-Reform, done on his fourth day of Kingship. A long career in that kind lies ahead of him; in reform of Law, civil as well as criminal, his efforts ended with life only. For his love of Justice was really great; and the mendacities and wiggeries, attached to such a necessary of life as Law, found no favor from him at any time.
WILL HAVE PHILOSOPHERS ABOUT HIM, AND A REAL ACADEMY OF SCIENCES
To neglect the Philosophies, Fine Arts, interests of Human Culture, he is least of all likely. The idea of building up the Academy of Sciences to its pristine height, or far higher, is evidently one of those that have long lain in the Crown-Prince's mind, eager to realize themselves. Immortal Wolf, exiled but safe at Marburg, and refusing to return in Friedrich Wilhelm's time, had lately dedicated a Book to the Crown-Prince; indicating that perhaps, under a new Reign, he might be more persuadable. Friedrich makes haste to persuade; instructs the proper person, Reverend Herr Reinbeck, Head of the Consistorium at Berlin, to write and negotiate. "All reasonable conditions shall be granted" the immortal Wolf,and Friedrich adds with his own hand as Postscript: "I request you (IHN) to use all diligence about Wolf. A man that seeks truth, and loves it, must be reckoned precious in any human society; and I think you will make a conquest in the realm of truth if you persuade Wolf hither again." [In OEuvres de Frederic (xxvii. ii. 185), the Letter given.] This is of date June 6th; not yet a week since Friedrich came to be King. The Reinbeck-Wolf negotiation which ensued can be read in Busching by the curious. [Busching's Beitrage (? Freiherr von Wolf), i. 63-137.] It represents to us a croaky, thrifty, long-headed old Herr Professor, in no haste to quit Marburg except for something better: "obliged to wear woollen shoes and leggings;" "bad at mounting stairs;" and otherwise needing soft treatment. Willing, though with caution, to work at an Academy of Sciences;but dubious if the French are so admirable as they seem to themselves in such operations. Veteran Wolf, one dimly begins to learn, could himself build a German Academy of Sciences, to some purpose, if encouraged! This latter was probably the stone of stumbling in that direction. Veteran Wolf did not get to be President in the New Academy of Sciences; but was brought back, "streets all in triumph," to his old place at Halle; and there, with little other work that was heard of, but we hope in warm shoes and without much mounting of stairs, lived peaceably victorious the rest of his days. Friedrich's thoughts are not of a German home-built Academy, but of a French one: and for this he already knows a builder; has silently had him in his eye, these two years past,Voltaire giving hint, in the LETTER we once heard of at Loo. Builder shall be that sublime Maupertuis; scientific lion of Paris, ever since his feat in the Polar regions, and the charming Narrative he gave of it. "What a feat, what a book!" exclaimed the Parisian cultivated circles, male and female, on that occasion; and Maupertuis, with plenty of bluster in him carefully suppressed, assents in a grandly modest way. His Portraits are in the Printshops ever since; one very singular Portrait, just coming out (at which there is some laughing): a coarse-featured, blusterous, rather triumphant-looking man, blusterous, though finely complacent for the nonce; in copious dressing-gown and fur cap; comfortably SQUEEZING the Earth and her meridians flat (as if HE had done it), with his left hand; and with the other, and its outstretched finger, asking mankind, "Are not you aware, then?""Are not we!" answers Voltaire by and by, with endless waggeries upon him, though at present so reverent. Friedrich, in these same days, writes this Autograph; which who of men or lions could resist?
TO MONSIEUR DE MAUPERTUIS, at Paris.
(No date;datable, June, 1740.)
"My heart and my inclination excited in me, from the moment I mounted the throne, the desire of having you here, that you might put our Berlin Academy into the shape you alone are capable of giving it. Come, then, come and insert into this wild crab-tree the graft of the Sciences, that it may bear fruit. You have shown the Figure of the Earth to mankind; show also to a King how sweet it is to possess such a man as you.
"Monsieur de Maupertuis,votre tres-affectionne
"FEDERIC" (SIC). [OEuvres, xvii. i. 334. The fantastic "Federic," instead of "Frederic," is, by this time, the common signature to French Letters.]
This Letterhow could Maupertuis prevent some accident in such a case?got into the Newspapers; glorious for Friedrich, glorious for Maupertuis; and raised matters to a still higher pitch. Maupertuis is on the road, and we shall see him before long.
AND EVERY ONE SHALL GET TO HEAVEN IN HIS OWN WAY
Here is another little fact which had immense renown at home and abroad, in those summer months and long afterwards.
June 22d, 1740, the GEISTLICHE DEPARTEMENT (Board of Religion, we may term it) reports that the Roman-Catholic Schools, which have been in use these eight years past, for children of soldiers belonging to that persuasion, "are, especially in Berlin, perverted, directly in the teeth of Royal Ordinance, 1732, to seducing Protestants into Catholicism;" annexed, or ready for annexing, "is the specific Report of Fiscal-General to this effect:"upon which, what would it please his Majesty to direct us to do?
"Monsieur de Maupertuis,votre tres-affectionne
"FEDERIC" (SIC). [OEuvres, xvii. i. 334. The fantastic "Federic," instead of "Frederic," is, by this time, the common signature to French Letters.]
This Letterhow could Maupertuis prevent some accident in such a case?got into the Newspapers; glorious for Friedrich, glorious for Maupertuis; and raised matters to a still higher pitch. Maupertuis is on the road, and we shall see him before long.
AND EVERY ONE SHALL GET TO HEAVEN IN HIS OWN WAY
Here is another little fact which had immense renown at home and abroad, in those summer months and long afterwards.
June 22d, 1740, the GEISTLICHE DEPARTEMENT (Board of Religion, we may term it) reports that the Roman-Catholic Schools, which have been in use these eight years past, for children of soldiers belonging to that persuasion, "are, especially in Berlin, perverted, directly in the teeth of Royal Ordinance, 1732, to seducing Protestants into Catholicism;" annexed, or ready for annexing, "is the specific Report of Fiscal-General to this effect:"upon which, what would it please his Majesty to direct us to do?
His Majesty writes on the margin these words, rough and ready, which we give with all their grammatical blotches on them; indicating a mind made up on one subject, which was much more dubious then, to most other minds, than it now is:
"Die Religionen Musen (MUSSEN) alle Tollerirt (TOLERIRT) werden, und Mus (MUSS) der Fiscal nuhr (NUR) das Auge darauf haben, das (DASS) keine der andern abrug Tuhe (ABBRUCH THUE), den (DENN) hier mus (MUSS) ein jeder nach seiner Fasson Selich (FACON SELIG) werden." [Preuss, Thronbesteigung, p. 333; Rodenbeck, IN DIE.]
Which in English might run as follows:
"All Religions must be tolerated (TOLLERATED), and the Fiscal must have an eye that none of them make unjust encroachment on the other; for in this Country every man must get to Heaven in his own way."
Wonderful words; precious to the then leading spirits, and which (the spelling and grammar being mended) flew abroad over all the world: the enlightened Public everywhere answering his Majesty, once more, with its loudest "Bravissimo!" on this occasion. With what enthusiasm of admiring wonder, it is now difficult to fancy, after the lapse of sixscore years! And indeed, in regard to all these worthy acts of Human Improvement which we are now concerned with, account should be held (were it possible) on Friedrich's behalf how extremely original, and bright with the splendor of new gold, they then were: and how extremely they are fallen dim, by general circulation, since that. Account should be held; and yet it is not possible, no human imagination is adequate to it, in the times we are now got into.
FREE PRESS, AND NEWSPAPERS THE BEST INSTRUCTORS
Toleration, in Friedrich's spiritual circumstances, was perhaps no great feat to Friedrich: but what the reader hardly expected of him was Freedom of the Press, or an attempt that way! From England, from Holland, Friedrich had heard of Free Press, of Newspapers the best Instructors: it is a fact that he hastens to plant a seed of that kind at Berlin; sets about it "on the second day of his reign," so eager is he. Berlin had already some meagre INTELLIGENZ-BLATT (Weekly or Thrice-Weekly Advertiser), perhaps two; but it is a real Newspaper, frondent with genial leafy speculation, and food for the mind, that Friedrich is intent upon: a "Literary-Political Newspaper," or were it even two Newspapers, one French, one German; and he rapidly makes the arrangements for it; despatches Jordan, on the second day, to seek some fit Frenchman. Arrangements are soon made: a Bookselling Printer, Haude, Bookseller once to the Prince-Royal,whom we saw once in a domestic flash-of-lightning long ago, [Antea, Book vi. c. 7.]is encouraged to proceed with the improved German article, MERCURY or whatever they called it; vapid Formey, a facile pen, but not a forcible, is the Editor sought out by Jordan for the French one. And, in short, No. 1 of Formey shows itself in print within a month; ["2d July, 1740:" Preuss, Thronbesteigung, p. 330; and Formey, Souvenirs, i. 107, rectified by the exact Herr Preuss.] and Haude and he, Haude picking up some grand Editor in Hamburg, do their best for the instruction of mankind.
In not many months, Formey, a facile and learned but rather vapid gentleman, demitted or was dismissed; and the Journals coalesced into one, or split into two again; and went I know not what road, or roads, in time coming,none that led to results worth naming. Freedom of the Press, in the case of these Journals, was never violated, nor was any need for violating it. General Freedom of the Press Friedrich did not grant, in any quite Official or steady way; but in practice, under him, it always had a kind of real existence, though a fluctuating, ambiguous one. And we have to note, through Friedrich's whole reign, a marked disinclination to concern himself with Censorship, or the shackling of men's poor tongues and pens; nothing but some officious report that there was offence to Foreign Courts, or the chance of offence, in a poor man's pamphlet, could induce Friedrich to interfere with him or it,and indeed his interference was generally against his Ministers for having wrong informed him, and in favor of the poor Pamphleteer appealing at the fountain-head. [Anonymous (Laveaux), Vie de Frederic II., Roi de Prusse (Strasbourg, 1787), iv. 82. A worthless, now nearly forgotten Book; but competent on this point, if on any; Laveaux (a handy fellow, fugitive Ex-Monk, with fugitive Ex-Nun attached) having lived much at Berlin, always in the pamphleteering line.] To the end of his life, disgusting Satires against him, Vie Privee by Voltaire, Matinees du Roi de Prusse, and still worse Lies and Nonsenses, were freely sold at Berlin, and even bore to be printed there, Friedrich saying nothing, caring nothing. He has been known to burn Pamphlets publicly,one Pamphlet we shall ourselves see on fire yet;but it was without the least hatred to them, and for official reasons merely. To the last, he would answer his reporting Ministers, "LE PRESSE EST LIBRE (Free press, you must consider)!"grandly reluctant to meddle with the press, or go down upon the dogs barking at his door. Those ill effects of Free Press (first stage of the ill effects) he endured in this manner; but the good effects seem to have fallen below his expectation. Friedrich's enthusiam for freedom of the press, prompt enough, as we see, never rose to the extreme pitch, and it rather sank than increased as he continued his experiences of men and things. This of Formey and the two Newspapers was the only express attempt he made in that direction; and it proved a rather disappointing one. The two Newspapers went their way thenceforth, Friedrich sometimes making use of them for small purposes, once or twice writing an article himself, of wildly quizzical nature, perhaps to be noticed by us when the time comes; but are otherwise, except for chronological purposes, of the last degree of insignificance to gods or men.
"Freedom of the Press," says my melancholic Friend, "is a noble thing; and in certain Nations, at certain epochs, produces glorious effects,chiefly in the revolutionary line, where that has grown indispensable. Freedom of the Press is possible, where everybody disapproves the least abuse of it; where the 'Censorship' is, as it were, exercised by all the world. When the world (as, even in the freest countries, it almost irresistibly tends to become) is no longer in a case to exercise that salutary function, and cannot keep down loud unwise speaking, loud unwise persuasion, and rebuke it into silence whenever printed, Freedom of the Press will not answer very long, among sane human creatures: and indeed, in Nations not in an exceptional case, it becomes impossible amazingly soon!"