The German Classics of the Nineteenth and Twentieth Centuries, Volume 04

Luther answered shortly, "Reconciliation with your Savior—no! With the sovereign—that depends upon the success of the attempt which I promised you to make." And then he motioned to the amanuensis to carry out, without further delay, the command he had given him. Kohlhaas laid both hands on his heart with an expression of painful emotion, and disappeared after the man who was lighting him down the stairs.

On the next morning Luther dispatched a message to the Elector of Saxony in which, after a bitter allusion to the lords, Hinz and Kunz Tronka, Chamberlain and Cup-bearer to his Highness, who, as was generally known, had suppressed the petition, he informed the sovereign, with the candor that was peculiar to him, that under such notorious circumstances there was nothing to do but to accept the proposition of the horse-dealer and to grant him an amnesty for what had occurred so that he might have opportunity to renew his lawsuit. Public opinion, Luther remarked, was on the side of this man to a very dangerous extent—so much so that, even in Wittenberg, which had three times been burnt down by him, there was a voice raised in his favor. And since, if his offer were refused, Kohlhaas would undoubtedly bring it to the knowledge of the people, accompanied by malicious comments, and the populace might easily be so far misled that nothing further could be done against him by the authorities of the state, Luther concluded that, in this extraordinary case, scruples about entering into negotiations with a subject who had taken up arms must be passed over; that, as a matter of fact, the latter, by the conduct which had been observed toward him, had in a sense been cast out of the body politic, and, in short, in order to put an end to the matter, he should be regarded rather as a foreign power which had attacked the land (and, since he was not a Saxon subject, he really might, in a way, be regarded as such), than as a rebel in revolt against the throne.

When the Elector received this letter there were present at the palace Prince Christiern of Meissen, Generalissimo of the Empire, uncle of that Prince Friedrich of Meissen who had been defeated at Mühlberg and was still laid up with his wounds, also the Grand Chancellor of the Tribunal, Count Wrede, Count Kallheim, President of the Chancery of State, and the two lords, Hinz and Kunz Tronka, the former Cup-bearer, the latter Chamberlain—all confidential friends of the sovereign from his youth. The Chamberlain, Sir Kunz, who in his capacity of privy councilor, attended to the private correspondence of his master and had the right to use his name and seal, was the first to speak. He once more explained in detail that never, on his own authority, would he have suppressed the complaint which the horse-dealer had lodged in court against his cousin the Squire, had it not been for the fact that, misled by false statements, he had believed it an absolutely unfounded and worthless piece of mischief-making. After this he passed on to consider the present state of affairs. He remarked that by neither divine nor human laws had the horse-dealer been warranted in wreaking such horrible vengeance as he had allowed himself to take for this mistake. The Chamberlain then proceeded to describe the glory that would fall upon the damnable head of the latter if they should negotiate with him as with a recognized military power, and the ignominy which would thereby be reflected upon the sacred person of the Elector seemed to him so intolerable that, carried away by the fire of his eloquence, he declared he would rather let worst come to worst, see the judgment of the mad rebel carried out and his cousin, the Squire, led off to Kohlhaasenbrück to fatten the black horses, than know that the proposition made by Dr. Luther had been accepted.

The Lord High Chancellor of the Tribunal of Justice, Count Wrede, turning half way round toward him, expressed regret that the Chamberlain had not, in the first instance, been inspired with such tender solicitude for the reputation of the sovereign as he was displaying in the solution of this undoubtedly delicate affair. He represented to the Elector his hesitation about employing the power of the state to carry out a manifestly unjust measure. He remarked, with a significant allusion to the great numbers which the horse-dealer was continually recruiting in the country, that the thread of the crime threatened in this way to be spun out indefinitely, and declared that the only way to sunder it and extricate the government happily from that ugly quarrel was to act with plain honesty and to make good, directly and without respect of person, the mistake which they had been guilty of committing.

Prince Christiern of Meissen, when asked by the Elector to express his opinion, turned deferentially toward the Grand Chancellor and declared that the latter's way of thinking naturally inspired in him the greatest respect, but, in wishing to aid Kohlhaas to secure justice, the Chancellor failed to consider that he was wronging Wittenberg, Leipzig, and the entire country that had been injured by him, in depriving them of their just claim for indemnity or at least for punishment of the culprit. The order of the state was so disturbed in its relation to this man that it would be difficult to set it right by an axiom taken from the science of law. Therefore, in accord with the opinion of the Chamberlain, he was in favor of employing the means appointed for such cases—that is to say, there should be gathered a force large enough to enable them either to capture or to crush the horse-dealer, who had planted himself in the castle at Lützen. The Chamberlain brought over two chairs from the wall and obligingly placed them together in the middle of the room for the Elector and the Prince, saying, as he did so, that he was delighted to find that a man of the latter's uprightness and acumen agreed with him about the means to be employed in settling an affair of such varied aspect. The Prince, placing his hand on the chair without sitting down, looked at him, and assured him that he had little cause to rejoice on that account since the first step connected with this course would be the issuing of a warrant for his arrest, to be followed by a suit for misuse of the sovereign's name. For if necessity required that the veil be drawn before the throne of justice over a series of crimes, which finally would be unable to find room before the bar of judgment, since each led to another, and no end—this at least did not apply to the original offense which had given birth to them. First and foremost, he, the Chamberlain, must be tried for his life if the state was to be authorized to crush the horse-dealer, whose case, as was well known, was exceedingly just, and in whose hand they had placed the sword that he was wielding.

The discomfited Chamberlain at these words gazed at the Elector, who turned away, his whole face flushing, and walked over to the window. After an embarrassing silence on all sides, Count Kallheim said that this was not the way to extricate themselves from the magic circle in which they were captive. His nephew, Prince Friedrich, might be put upon trial with equal justice, for in the peculiar expedition which he had undertaken against Kohlhaas he had over-stepped his instructions in many ways—so much so that, if one were to inquire about the whole long list of those who had caused the embarrassment in which they now found themselves, he too would have to be named among them and called to account by the sovereign for what had occurred at Mühlberg.

While the Elector, with doubtful glances, walked up to his table, the Cup-bearer, Sir Hinz Tronka, began to speak in his turn. He did not understand, he said, how the governmental decree which was to be passed could escape men of such wisdom as were here assembled. The horse-dealer, so far as he knew, in return for mere safe-conduct to Dresden and a renewed investigation of his case, had promised to disband the force with which he had attacked the land. It did not follow from this, however, that he must be granted an amnesty for the wanton revenge he had taken into his own hands. These were two different legal concepts which Dr. Luther, as well as the council of state, seemed to have confounded. "When," he continued, laying his finger beside his nose, "the judgment concerning the black horses has been pronounced by the Tribunal at Dresden, no matter what it may be, nothing prevents us from imprisoning Kohlhaas on the ground of his incendiarism and robberies. That would be a diplomatic solution of the affair, which would unite the advantages of the opinion of both statesmen and would be sure to win the applause of the world and of posterity." The Prince, as well as the Lord Chancellor, answered this speech of Sir Hinz with a mere glance, and, as the discussion accordingly seemed at an end, the Elector said that he would turn over in his own mind, until the next sitting of the State Council, the various opinions which had been expressed before him. It seemed as if the preliminary measure mentioned by the Prince had deprived the Elector's heart, which was very sensitive where friendship was concerned, of the desire to proceed with the campaign against Kohlhaas, all the preparations for which were completed; at least he bade the Lord Chancellor, Count Wrede, whose opinion appeared to him the most expedient, to remain after the others left. The latter showed him letters from which it appeared that, as a matter of fact, the horse-dealer's forces had already come to number four hundred men; indeed, in view of the general discontent which prevailed all over the country on account of the misdemeanors of the Chamberlain, he might reckon on doubling or even tripling this number in a short time. Without further hesitation the Elector decided to accept the advice given him by Dr. Luther; accordingly he handed over to Count Wrede the entire management of the Kohlhaas affair. Only a few days later a placard appeared, the essence of which we give as follows:

"We, etc., etc., Elector of Saxony, in especially gracious consideration of the intercession made to us by Doctor Martin Luther, do grant to Michael Kohlhaas, horse-dealer from the territory of Brandenburg, safe-conduct to Dresden for the purpose of a renewed investigation of his case, on condition that, within three days after sight, he lay down the arms to which he has had recourse. It is to be understood, however, that in the unlikely event of Kohlhaas' suit concerning the black horses being rejected by the Tribunal at Dresden, he shall be prosecuted with all the severity of the law for arbitrarily undertaking to procure justice for himself. Should his suit, however, terminate otherwise, we will show mercy to him and his whole band, instead of inflicting deserved punishment, and a complete amnesty shall be accorded him for the acts of violence which he has committed in Saxony."

Kohlhaas had no sooner received through Dr. Luther a copy of this placard, which had been posted in all the public squares throughout the land, than, in spite of the conditional language in which it was couched, he immediately dispersed his whole band of followers with presents, expressions of gratitude, and appropriate admonitions. He deposited whatever he had taken in the way of money, weapons, and chattels, with the courts at Lützen, to be held as the property of the Elector, and after he had dispatched Waldmann to the bailiff at Kohlhaasenbrück with letters about repurchasing his farm, if that were still possible, and had sent Sternbald to Schwerin for his children whom he wished to have with him again, he left the castle at Lützen and went, without being recognized, to Dresden, carrying with him in bonds the remnant of his little property.

Day was just breaking and the whole city was still asleep when he knocked at the door of the little dwelling situated in the suburb of Pirna, which still, thanks to the honesty of the bailiff, belonged to him. Thomas, the old porter, in charge of the establishment, who on opening the door was surprised and startled to see his master, was told to take word to the Prince of Meissen, in the Government Office, that Kohlhaas the horse-dealer had arrived. The Prince of Meissen, on hearing this news, deemed it expedient to inform himself immediately of the relation in which they stood to this man. When, shortly afterward, he appeared with a retinue of knights and servants, he found an immense crowd of people already gathered in the streets leading to Kohlhaas' dwelling. The news that the destroying angel was there, who punished the oppressors of the people with fire and sword, had aroused all Dresden, the city as well as the suburbs. They were obliged to bolt the door of the house against the press of curious people, and the boys climbed up to the windows in order to get a peep at the incendiary, who was eating his breakfast inside.

As soon as the Prince, with the help of the guard who cleared the way for him, had pushed into the house and entered Kohlhaas' room, he asked the latter, who was standing half undressed before a table, whether he was Kohlhaas, the horse-dealer. Kohlhaas, drawing from his belt a wallet containing several papers concerning his affairs and handing it respectfully to the Prince, answered, "Yes;" and added that, in conformity with the immunity granted him by the sovereign, he had come to Dresden, after disbanding his force, in order to institute proceedings against Squire Wenzel Tronka on account of the black horses.

The Prince, after a hasty glance which took Kohlhaas in from head to foot, looked through the papers in the wallet and had him explain the nature of a certificate which he found there executed by the court at Lützen, concerning the deposit made in favor of the treasury of the Electorate. After he had further tested him with various questions about his children, his wealth, and the sort of life he intended to lead in the future, in order to find out what kind of man he was, and had concluded that in every respect they might set their minds at rest about him, he gave him back the documents and said that nothing now stood in the way of his lawsuit, and that, in order to institute it, he should just apply directly to the Lord High Chancellor of the Tribunal, Count Wrede himself. "In the meantime," said the Prince after a pause, crossing over to the window and gazing in amazement at the people gathered in front of the house, "you will be obliged to consent to a guard for the first few days, to protect you in your house as well as when you go out!" Kohlhaas looked down disconcerted, and was silent. "Well, no matter," said the Prince, leaving the window; "whatever happens, you have yourself to blame for it;" and with that he turned again toward the door with the intention of leaving the house. Kohlhaas, who had reflected, said "My lord, do as you like! If you will give me your word that the guard will be withdrawn as soon as I wish it, I have no objection to this measure." The Prince answered, "That is understood, of course." He informed the three foot-soldiers, who were appointed for this purpose, that the man in whose house they were to remain was free, and that it was merely for his protection that they were to follow him when he went out; he then saluted the horse-dealer with a condescending wave of the hand, and took his leave.

Toward midday Kohlhaas went to Count Wrede, Lord High Chancellor of the Tribunal; he was escorted by his three foot-soldiers and followed by an innumerable crowd, who, having been warned by the police, did not try to harm him in any way. The Chancellor received him in his antechamber with benignity and kindness, conversed with him for two whole hours, and after he had had the entire course of the affair related to him from beginning to end, referred Kohlhaas to a celebrated lawyer in the city who was a member of the Tribunal, so that he might have the complaint drawn up and presented immediately.

Kohlhaas, without further delay, betook himself to the lawyer's house and had the suit drawn up exactly like the original one which had been quashed. He demanded the punishment of the Squire according to law, the restoration of the horses to their former condition, and compensation for the damages he had sustained as well as for those suffered by his groom, Herse, who had fallen at Mühlberg in behalf of the latter's old mother. When this was done Kohlhaas returned home, accompanied by the crowd that still continued to gape at him, firmly resolved in his mind not to leave the house again unless called away by important business.

In the mean time the Squire had been released from his imprisonment in Wittenberg, and after recovering from a dangerous attack of erysipelas which had caused inflammation of his foot, had been summoned by the Supreme Court in peremptory terms to present himself in Dresden to answer the suit instituted against him by the horse-dealer, Kohlhaas, with regard to a pair of black horses which had been unlawfully taken from him and worked to death. The Tronka brothers, the Chamberlain and the Cup-bearer, cousins of the Squire, at whose house he alighted, received him with the greatest bitterness and contempt. They called him a miserable good-for-nothing, who had brought shame and disgrace on the whole family, told him that he would inevitably lose his suit, and called upon him to prepare at once to produce the black horses, which he would be condemned to fatten to the scornful laughter of the world. The Squire answered in a weak and trembling voice that he was more deserving of pity than any other man on earth. He swore that he had known but little about the whole cursed affair which had plunged him into misfortune, and that the castellan and the steward were to blame for everything, because they, without his knowledge or consent, had used the horses in getting in the crops and, by overworking them, partly in their own fields, had rendered them unfit for further use. He sat down as he said this and begged them not to mortify and insult him and thus wantonly cause a relapse of the illness from which he had but recently recovered.

Since there was nothing else to be done, the next day, at the request of their cousin, the Squire, the lords Hinz and Kunz, who possessed estates in the neighborhood of Tronka Castle, which had been burned down, wrote to their stewards and to the farmers living there for information about the black horses which had been lost on that unfortunate day and not heard of since. But on account of the complete destruction of the castle and the massacre of most of the inhabitants, all that they could learn was that a servant, driven by blows dealt with the flat of the incendiary's sword, had rescued them from the burning shed in which they were standing, but that afterward, to the question where he should take them and what he should do with them, he had been answered by a kick from the savage madman. The Squire's gouty old housekeeper, who had fled to Meissen, assured the latter, in reply to his written inquiry, that on the morning after that horrible night the servant had gone off with the horses toward the Brandenburg border, but all inquiries which were made there proved vain, and some error seemed to lie at the bottom of this information, as the Squire had no servant whose home was in Brandenburg or even on the road thither. Some men from Dresden, who had been in Wilsdruf a few days after the burning of Tronka Castle, declared that, at the time named, a groom had arrived in that place, leading two horses by the halter, and, as the animals were very sick and could go no further, he had left them in the cow-stable of a shepherd who had offered to restore them to good condition. For a variety of reasons it seemed very probable that these were the black horses for which search was being made, but persons coming from Wilsdruf declared that the shepherd had already traded them off again, no one knew to whom; and a third rumor, the originator of which could not be discovered, even asserted that the two horses had in the mean time passed peacefully away and been buried in the carrion pit at Wilsdruf.

This turn of affairs, as can be easily understood, was the most pleasing to the lords Hinz and Kunz, as they were thus relieved of the necessity of fattening the blacks in their stables, the Squire, their cousin, no longer having any stables of his own. They wished, however, for the sake of absolute security, to verify this circumstance. Sir Wenzel Tronka, therefore, in his capacity as hereditary feudal lord with the right of judicature, addressed a letter to the magistrates at Wilsdruf, in which, after a minute description of the black horses, which, as he said, had been intrusted to his care and lost through an accident, he begged them to be so obliging as to ascertain their present whereabouts, and to urge and admonish the owner, whoever he might be, to deliver them at the stables of the Chamberlain, Sir Kunz, in Dresden, and be generously reimbursed for all costs. Accordingly, a few days later, the man to whom the shepherd in Wilsdruf had sold them did actually appear with the horses, thin and staggering, tied to the tailboard of his cart, and led them to the market-place in Dresden. As the bad luck of Sir Wenzel and still more of honest Kohlhaas would have it, however, the man happened to be the knacker from Döbeln.

As soon as Sir Wenzel, in the presence of the Chamberlain, his cousin, learned from an indefinite rumor that a man had arrived in the city with two black horses which had escaped from the burning of Tronka Castle, both gentlemen, accompanied by a few servants hurriedly collected in the house, went to the palace square where the man had stopped, intending, if the two animals proved to be those belonging to Kohlhaas, to make good the expenses the man had incurred and take the horses home with them. But how disconcerted were the knights to see a momentarily increasing crowd of people, who had been attracted by the spectacle, already standing around the two-wheeled cart to which the horses were fastened! Amid uninterrupted laughter they were calling to one another that the horses, on account of which the whole state was tottering, already belonged to the knacker! The Squire who had gone around the cart and gazed at the miserable animals, which seemed every moment about to expire, said in an embarrassed way that those were not the horses which he had taken from Kohlhaas; but Sir Kunz, the Chamberlain, casting at him a look of speechless rage which, had it been of iron, would have dashed him to pieces, and throwing back his cloak to disclose his orders and chain, stepped up to the knacker and asked if those were the black horses which the shepherd at Wilsdruf had gained possession of, and for which Squire Wenzel Tronka, to whom they belonged, had made requisition through the magistrate of that place.

The knacker who, with a pail of water in his hand, was busy watering a fat, sturdy horse that was drawing his cart asked—"The blacks?" Then he put down the pail, took the bit out of the horse's mouth, and explained that the black horses which were tied to the tailboard of the cart had been sold to him by the swineherd in Hainichen; where the latter had obtained them and whether they came from the shepherd at Wilsdruf—that he did not know. "He had been told," he continued, taking up the pail again and propping it between the pole of the cart and his knee "he had been told by the messenger of the court at Wilsdruf to take the horses to the house of the Tronkas in Dresden, but the Squire to whom he had been directed was named Kunz." With these words he turned around with the rest of the water which the horse had left in the pail, and emptied it out on the pavement. The Chamberlain, who was beset by the stares of the laughing, jeering crowd and could not induce the fellow, who was attending to his business with phlegmatic zeal, to look at him, said that he was the Chamberlain Kunz Tronka. The black horses, however, which he was to get possession of, had to be those belonging to the Squire, his cousin; they must have been given to the shepherd at Wilsdruf by a stable-man who had run away from Tronka Castle at the time of the fire; moreover, they must be the two horses that originally had belonged to the horse-dealer Kohlhaas. He asked the fellow, who was standing there with his legs apart, pulling up his trousers, whether he did not know something about all this. Had not the swineherd of Hainichen, he went on, perhaps purchased these horses from the shepherd at Wilsdruf, or from a third person, who in turn had bought them from the latter?—for everything depended on this circumstance.

The knacker replied that he had been ordered to go with the black horses to Dresden and was to receive the money for them in the house of the Tronkas. He did not understand what the Squire was talking about, and whether it was Peter or Paul, or the shepherd in Wilsdruf, who had owned them before the swineherd in Hainichen, was all one to him so long as they had not been stolen; and with this he went off, with his whip across his broad back, to a public house which stood in the square, with the intention of getting some breakfast, as he was very hungry.