only, inasmuch as he subordinates the majesty of the king to the majesty of Truth."

"We are governed," says Stein, "by paid,

property, and have no interests at stake; and this will last as long as it can. The above epithets and characteristics fairly represent our own (and some other) spiritless governing machines. Paid-therefore striving to render permanent and increase the officers and the salaries. Book-learned-men living in the world of letters, and not in the actual

The minister, Baron von Stein, who remodelled the government in conjunction with Hardenberg, in the old Prussian proThe author, moreover, declares that he vinces, must inevitably have had the greatest will not remove himself out of the reach of opportunities of seeing into the whole of the laws, provided he be allowed deliberate- the secret, as well as public machinery of ly to adduce all the proofs in support of his the state; and, on the subject in question, statements and opinions in a fair and open he expressed himself in these strong trial; but, warned by the experience of terms :— others, he protests against all measures that deviate from the regular, straightfor- book-learned Bureaucrats, who are without ward and lawful path. He demands to have the right of making a free defence, and to have his personal security respected previous to the judgment and sentence of the Court. Any thing short of this he designates as a barbarism and an abuse of power. That he was not at all likely to fare better than others under similar cir- world. Without interests-because they have cumstances he must have well known. no transactions with any other class of the Bureaukratie may be defined as the in-citizens who constitute the state; they are a class strumental government of public and of by themselves-the Writing Class. Without property-and therefore all movements of secret civil officers. Before quoting Heinproperty do not affect them. It may rain; zen's opinions concerning it, we will refer the sun may shine; the taxes may rise or fall; to certain remarks which have been made all laws of old standing may be destroyed, or by two celebrated Prussian ministers. may remain as they are; the Writing Class cares nothing about the matter. They receive their salaries out of the government cash-box, and write-write in silence, in their offices with locked doors, unobserved, unrenowned, unknown; and they educate their children to become the same useful government machines. One machinery (the military) I saw fall in 1806, on the 14th of October. Perhaps these writing machines will also have their 14th of October. This is the vice from which our dear fatherland suffers-the Power of the Bureaucrats, and the Nothingness of the C.tizens."

The Baron von Schön wrote as follows concerning the origin and condition of the Bureaucrats. Schön never held the office of minister; but the title was given him for

official services.

Frederick the Second found a people uncivilized, thoughtless, and hardly capable of thought. From his mind a new world of ideas first came upon the nation, which was penetrated by the power of his spirit. The people, inspired by the highly-gifted king, followed wheresoever he led. But light kindles light. The king's designs should be realized; minis- Before proceeding further, it is requisite ters of the crown must execute his orders; and to notice one or two remarks in the latter some rays from the splendor of the ruling extract, because most readers in England spirit came also upon them. His servants will think, either that they prove the conthus acquired a greater importance, and higher consequence in the eyes of the people, than otherwise belong to the executors of given commands. This reflex light, however, from the illustrious king grew weaker and weaker before the light of general culture, continually increasing. But as the Church likes to keep up its Saints, so the tradition of this radiance propagated from generation to generation, till the caste of civil officers attained its highest point; concerning which Strauss rightly says, that the Prussian Büreaukratie proceeds in accordance with the Catholic Church; for as the priest there performs the rituals only for himself, without reference and regard to the community, so the Prussian civil officer, who especially stands apart from the people, fancies that the service of government exists only for himself, and not he for the people, but the people for him.”

VOL. V.-No. II. 15

trary of the intended argument, or else that, at any rate, they require some comment. When Baron von Stein tells us that the Bureaucrats are paid, we naturally ask, if he could expect officers of state to work for nothing, any more than any other class. That they are paid, therefore, is surely no reproach.

That they are reading and writing officers, in fact, theorists, or, at all events not practical men, is also in itself an accusation of no apparent weight; because we know that whatever is done practically must have been originated by thought; and whatever is done systematically must have been preceded by a theory. There are many, likewise, who consider that a civil officer, having no property except his salary,

is more unbiased in his opinion, and can perience, and possess practical knowledge exercise a more pure, abstract judgment in of commercial and other social affairs; and questions relating to property; and if he when in difficult cases, Select Committees has no commercial interests, and does not are formed, those who are known to be the feel his own concerns directly involved in best nen for the given subject are pretty those of the community, it may be argued sure to form some part, at least, if not the that, being thus disinterested, and free principal part of them. Moreover, if great from all personal considerations, he is more ignorance and great errors are committed, likely to decide with single-minded honesty it is a public matter, can be discussed, and for the general good. These reflections the due amount of odium or blame attached will naturally occur to many Englishmen; to the right parties, who would become but they are not so weighty as at first they thenceforth less liable to obtain the chance may appear. If they be applicable to some of doing similar mischief to the public inparts of the machinery of government interests. But in Prussia all is transacted England, the same application will not hold with closed doors; the framers of laws, good with regard to Prussia. It should be acts, and treaties, settle every thing to understood that we allude to the question their own minds;' their statements of facts, of no property and no interests in the arguments, discussions, are not known, and affairs of the working community, which even their ignorance is seldom known exfacts are adduced, among other circum- cept by its results. Nobody is publicly restances, as tending to display the unfitness sponsible for what is done, or how it works. of the Bureaucrats for the management of It emanated from the Bureaucracy; that is public affairs. And with good reason; for the only answer. Nobody, however inthey are often called upon to decide, and structed, can offer a timely word of advice must decide, upon matters of which they or warring, no public measure being prehave had no sort of experience, and no direct viously open to public discussion. The knowledge; and they do thus decide, with- first thing that is heard of it with certitude out asking the advice of those who have is from "authority." The government such experience and knowledge. Hence, announces that a law or treaty has been having no actual experience and knowledge, made, an act passed. The thing is done. and their wits not being sharpened by the The reader is now sufficiently prepared possession of property, and private interests for the introduction of Karl Heinzen. In at stake; if they are called upon to make his chapter, entitled 'Woher, und was ist the terms of a commercial treaty with die Büreaukratie,' he says, 'The Prussian another nation, they are at all times liable Bureaucracy springs out of the Prussian to commit errors, the results of which are a absolutism; and he proceeds to show that direct and manifest injury to the communi- it is a natural result of despotism on the ty. The treaty of commerce, for instance, one hand, and of slavery on the other. made about two years ago with Holland, Despotic power must have many instruhas already proved to be of the most disad-ments to do its work, or else it may die, vantageous kind to Germany. The heavy, using the words of Frederick the Great, matter-of-fact Dutchmen, who drew up the who died worn out with ruling over slaves.' treaty for their own country, 'knew their Something to the same effect has been said business,' and were men of business them- by various princes; Frederick William I., selves; the 'penmanship' of the paper-wise for instance, who endeavored to establish Bureaucrats had no chance with them. the sovereignty like a rock of bronze,' and The injury to Prussia is of the most serious Frederick William III. who, both in word kind. But who is responsible? Nobody. and deed, regarded the people and the It is a different matter in England, though state as 'the tools of the greatness and we do not see great reason to be compli- splendor of the royal houses.' But as the mentary to our own country on this score. majority of princes, and especially of abWithout doubt, the English House of Com- solute princes, are not so fond of a life remons (to say nothing of the Lords) contains quiring such constant activity, and we may many members who are very ignorant of say, actual hard work, the labor was commercial affairs, and of business gener- gradually distributed among a number of ally; a few book-learned men, and a few civil officers, all, however, under the direct theorists; but on the other hand, these are influence of the spirit of despotism by their checked by the presence of some excellent secret as well as public responsibility to the men of business, of men who have had ex-ministers of these absolute princes.

"Any power, especially in the state, must be represented. Who then represents the Bureaucracy? Chiefly, of course, the ministers. We do not weaken this general assertion by admitting some highly honorable exceptions, since even the minister who came into office with the intention of not being a Bureaucrat, was compelled to give way to the existing and in-rooted system. We congratulate Herr von Schön that he never became a minister. It is not a monarchy in reality, and in the executive, governs in l'russia, but an oligarchy. Each minister is a monarch in his own way. The ministers-servants of the state-are become the masters of the state; the domestics of the house constitute

the house. The ministers in Prussia will, therefore, often go beyond their authorized power, because the mass and the dependency of their subordinates is so immense, that it gives them an overweening sense of the supremacy of their authority. For this reason, the Bureaucracy is equally the opponent of the king and of the people. It will easily believe it has too little power precisely because it has too much. In England the minieters command through the medium of their commission from the people; in Prussia the ministers exercise command over the business of the people, and over the people themselves. It is, therefore, necessary to keep ministers within bounds on all sides; and from beneath by means of a free constitution and a real representation of the people."-Heinzen, Preuss. Bureaukratie, pp, 20, 21.

6

ance has been so great to all such projects, and has caused such palpable vacillation on the part of the present king.

very

Heinzen gives a chapter on the subject of a proposed constitution, (as opposed by the Bureaucrats), and the royal promise. Du sollst dein Wort halten,' says the author, at the head of the chapter. It is interesting, but prodigiously long, in comparison with the others, and so diffuse, as to set any amount of extracts at defiance. The substance of it, however, may be thus briefly stated:

The present King of Prussia promised his people to give them a constitution; and at the Congress of Vienna in 1814, these articles were agreed upon as a minimum for each state;

1. A definite part in the legislature. 2. The sanction of the taxes. 3. Representation of the Constitution against an undue interference of the King or the Diet.

The King of Prussia now published the well-known order of the 22d of May, 1815, in which he says, among other things,

"That the principles upon which we have governed my be truly handed down to posterity by means of a written document as a Constitution of the Prussian realm, and preserved for ever, we have decreed,—

1. There shall be formed a Representation of the people.

"3. Out of the provincial diets shall be seshall have its seat at Berlin. lected a Diet for the whole kingdom, which

"4. The efficiency of the representatives of the kingdom extends over all the legislature, including taxation.

"If any body should ask,' says Heinzen whether we know an instance in which Frederick William III. has broken his word, we

publicly revoked it as he publicly pledged it— but he has, in fact, left it unfulfilled.

must answer-It is certain that he has never

In the chapter entitled, 'Beschwerden. gegen die Büreaukratie,' Heinzen says it is of divine origin' (an irony which has, of course, been regarded as one of the proofs of high treason); and thus it is, therefore, irresponsible, in any public way, and allpowerful. What weapons,' continues he, can we use against Bureaucracy? None. The Press does not attack it, because the Censor is its seconder; Justice does not chastise it, because Justice has no power over it.' He then asks why complaints are not publicly made against all these abuses. of authority; and the answer that naturally occurs is, because, in almost all cases, Bu- How unanswerable these remarks are reaucracy itself has to decide upon these must be sufficiently apparent; but those only complaints. Moreover, these same officials who are aware of the shackled condition are intrenched on all sides, and laugh at of the press in Prussia can properly estithe inimical marksmen who, as Heinzen mate the moral courage of the man who humorously expresses it, 'rove about here has thus dared to use the powerful simand there with their pen-shooters.' In fine, plicity of the language of truth. And this this class of functionaries is a regularly or-naturally leads us to turn to Heinzen's ganized machinery of government, established and supported by all the powers of an absolute monarchy. A really popular representation and a free constitution would be its death-blow. This is why the resist

chapter of the Bureaucracy and the Press.

There are in Prussia, and even in its smallest towns, civil officers called censors, and nothing can be published any where without the examination and permission of

this officer.* He sees every thing that is The prohibition of works is, moreover, intended to be printed and published- of a wholesale kind in some cases. All the even mercantile advertisements and circu- works of some of the ablest authors, such lars! He is guided by secret orders from as Heinrich, Heine, and Ludwig Börne, are the government, and is not liable to any prohibited in Prussia; and every thing other check upon his conduct. He can printed in Switzerland, (that is to say, at erase what he pleases from a manuscript or Zurich and Winterthur im litterarischen printer's proof, and need give no sort of Comptoir,) is prohibited throughout the explanation to an author or other writer; Prussian dominions. This is a bad state the censor's will or caprice being arbitrary of things, and needs alteration. A change and admitting of no question. Two years has already been demanded by the Diet of ago, it is true, the king constituted a high West Prussia, (the oldest and most genuinecourt of appeal, called Ober-Censur-Ge- ly Prussian province,) and the Rhenish richt, to which complaints may be address- Diet; while there now lies before us a ed; but the judges are Bureaucrats. With well-argued proposal presented to the latregard to newspapers, the censorship is ter diet, which is at this time sitting at more especially stringent. The Leip- Coblentz. It is supported by many pezig Gazette' was prohibited throughout titions.

the kingdom of Prussia, because it com- The Army Service, as one might expect, menced a contest with the Bureaucracy. is severely dealt with by Heinzen. How The 'Rhenish Gazette' was utterly quash- far any of his remarks will apply to the ed for the same unpardonable offence, the Bureaucrats cried out that the State and Church' (meaning their offices and salaries) were in danger.'

military institutions of other countries, we leave the reader to determine. We should, however, observe that although the principle of the power of brute force is the same in all cases, there is yet a great difference in the circumstances between the standing army of a nation, and a 'nation of soldiers.'

The censorship has different departments. There is a censor whose business in each town is solely with newspapers; another looks sharp' over the pamphlets; another takes care of the novels and ro"There is a brilliant misery and a brilliant mantic literature generally; nor is poetry slavery in the institution of the star ding army; by any means forgotten. But the news- both are most beautifully united. When it is papers are more especially the objects of beautiful to be a machine under a coat of two watchful solicitude. The Prussian govern- colors; when it is a blessing to be a slave unment does not consider the censor a suffi- der stunning music; when it is dignifying to cient power to keep the editors of news- service and parade; then will you find beauty, have the soul and body drilled for gaiterpapers within the bounds of a most un-happiness, and human dignity, united in a life dangerous discussion of affairs,' and there- in the standing army. fore, it suspends over their heads a threat, like the sword of Damocles, that any slip of the pen may be visited by the loss of the license of the paper. No newspaper can appear in Prussia without a license-and licenses are very difficult to be obtained, and, for the most part, are only given conditionally. But after all this care in the licenses, and making preliminary conditions, and the constant supervision of the censor, (who may erase any thing he pleases here and there all over the printer's proofs, the gaps being ordered to be closed so that nobody shall know the alarming spot where an erasure was made,) after all this, the editor or other responsible person is still amenable to the law!

Except books which exceed twenty sheets, but these may be suppressed by a summary order, before the sale of them commences.-See For Quar. Rev.' No. lxvi. pp. 376-7.

"Nothing presents a greater contrast to the culture of our times, than the reflection that the security of the state should still be based on a military institution! an institution by which every independent power of man becomes a fault; by which each free volition is annihilated, together with all spirit; by which the nature that distinguishes us from other creatures of the earth is destroyed; in which even the rudest word of command becomes reason; the most arduous order, law; the deserted loss of free-will (die gottvertassenste blindest obedience, virtue; and the most godWillenlosigkeit) is a duty!"-Reinzen, Eüreaukratie, p. 101.

The chapter on 'Justice' is interesting. We offer the following abstract of the principal points.

Ministers can make what laws they please without submitting them to public consideration, there being no representation of the people in Prussia; and the

6

ministers can generally make the judges [could venture to do it for fear it should excite decide as they wish, inasmuch as the the loyal inhabitants of these provinces to former have the power, if displeased with an insurrection, or at least to a state of disthem, of dismissing them from office. satisfaction with their present government. Heinzen very truly remarks, that where It was not thought prudent to inspire them justice is not wholly free and inviolate in with any regrets concerning their late rulall respects, there is no right and no se- ers, the French. Nevertheless, the miniscurity of the citizens possible.' 'In Prus-ters have continued virtually to alter the sia,' continues he, 'this security does not Code Napoleon' to a very great extent, exist. Neither the author of this book, nor without making any nominal or literal the author of any other,' (nor, we might change by the addition of all sorts of new humbly add in a whisper, the writer of the laws, and the alteration of others. This present article,) is at any time sure that manoeuvre was sometimes so glaring that he may not be taken out of his house by they did not dare to publish these new laws the police, and conducted in custody to in the government papers, where they ought Berlin or any other place, the moment the all by right to appear, in order to acquire Bureaucracy thinks him deserving of its the power of laws, by being thus made especial consideration.' Among other ex-known to the population. They, thereamples, they have treated in this way no less a person than the Archbishop of Cologue. The poor author and the rich prelate fare alike; but that is very indifferent consolation to actual sufferers. They took the archbishop out of his house under mere accusations, and out of the district of his jurisdiction, withdrew him from all clerical functions, treated him for several years as a prisoner, and finally-declared that nothing could be proved against him!

fore, sent them quietly to the different courts of law and other administrations, and thus the new law was first learnt by its effect being felt. The trick would be laughable were it not a serious thing to play with justice. Heinzen says, 'After the rescript of the 22d of December, 1833, the verdicts of a court of law in matters that concern high-treason, or disloyalty towards the king or country, are no verdicts, but only advices for a verdict! The minisIn the old Prussian provinces, (as dis-ter of justice, after having had them mitinguished from the Rhenish,) the Book of nutely examined and brought into unison Laws is called 'Landrecht.' It first ap- with the laws, makes them verdicts!' peared in the last century, in the reign of Falsehoods ludicrously palpable have also Frederick II.; but since that time it has been told. Although the Minister von been so much altered by cabinet orders Kamptz continually made the greatest al(from the king) and ministerial rescripts, terations, virtually, in the Code Napo(which in Prussia have the power of laws,) leon,' by issuing new ministerial rescripts that it now creates more difficulties and in direct opposition to the corresponding errors than it cures, and the most experi- cases in the Code, he nevertheless declarenced lawyer can scarcely find his way ed, on leaving his seat as Minister of Justhrough the immense complexity. The tice in 1838, that not a single article in late king had already ordered the forma- the Civil Code, in the Civil Process Order, tion of a law commission to compile a new or the Penal Code, had been altered.' Book of Laws for the entire kingdom. At Heinzen says, 'This I call cutting off the the head of this commission stands the nose and ears of a man, and then saying celebrated professor and state-minister, we have not hurt a hair of his head!' Von Savigny; but up to this time the com- Nor is the system of Education in Prusmission has never published any of its la-sia, excellent as this is in so many respects, bors. In the Rhenish provinces, which it free from the reproach of despotic influence. will be recollected were for many years Children and young men acquire a great under the dominion of the French, the general knowledge; but professors and 'Code Napoleon' is still the recognized schoolmasters are not allowed to teach acBook of Laws. All the Prussian ministers, cording to any views of their own, or to and more especially the minister Von instil any convictions they may entertain Kamptz, endeavored to do away with this which are not in strict accordance with the admirable code, and to give the Rhenish regular government system. Hence, beprovinces the Landrecht' instead. But pub-sides other limitations, the pupils do not lic feeling and opinion were so very strong acquire the knowledge of matters that conagainst the design, that none of the ministers cern actual life, and which might enable