"Neue Rheinische Zeitung" – Debates on the Agreement

Debates on the Agreement

[“Neue Rheinische Zeitung” No. 45, July 15, 1848]

Cologne, July 14. We come today to the second half of the agreement sitting of the 7th inst. After the debate on the Finance Commission, so painful for Herr Hansemann, there followed yet another series of minor tribulations for the gentlemen ministers. It was the day of urgency motions and interpellations, the day of challenges and ministerial distress.

The deputy Wander moved that any official who had a citizen arrested without justification should be obliged to make full compensation and in addition should be imprisoned four times as long as the person arrested by him.

The motion, not being urgent, goes to the select committee.

Minister of Justice Märker declares that acceptance of this motion would not only fail to tighten but would even mitigate the existing legislation against officials who make illegal arrests. (Bravo.)

Herr Minister of Justice forgot only to remark that according to the existing, especially Old Prussian laws it is hardly possible for an official to arrest anyone illegally. The most arbitrary arrest can be justified by the paragraphs of the most venerable Landrecht.

We draw attention, moreover, to the highly unparliamentary method that the gentlemen ministers have adopted. They wait until the motion is referred to the select committee or the section, and then they speak about it. They are then sure that no one can answer them. Thus Herr Hansemann did in the case of the motion of Herr Borries <see “Debates on the Agreement of July 7”, p. 207>; thus Herr Märker is doing now. In England and France the ministers, if they had ever attempted such parliamentary improprieties, would have been called to order in quite a different manner. But in Berlin!

Herr Schulze (von Delitzsch): Motion calling upon the government to transmit immediately to the Assembly for discussion in the sections the drafts of organic laws already completed or soon to be completed.

This motion again contained an indirect censure of the government for negligence or deliberate procrastination in the presentation of the organic laws supplementary to the constitution. The censure was all the more stinging as that same morning two draft laws, among them the Civic Guard law, had been laid before the Assembly. The Prime Minister, with a little energy, ought therefore to have decisively rejected this motion. Instead, he merely uttered a few general phrases about the government’s endeavour to meet the just wishes of the Assembly in every way, and the motion is adopted by a large majority.

Herr Besser interpellates the Minister of War concerning the lack of a service regulation. The Prussian army is the only one lacking such a regulation. Hence in all army units, down to the companies and squadrons, the greatest diversity of opinions prevails on the most important service matters, and especially on the rights and duties of the various ranks. There exist, it is true, thousands of orders, edicts and regulations, but precisely because of their countless number, their confusion and the contradictions prevailing in them, they are worse than useless. Moreover, each such document is complicated and rendered unrecognisable by as many different additions, explanations, marginal glosses and glosses on marginal glosses as it has passed through intermediate authorities. This confusion naturally benefits the superior in all arbitrary actions, while the subordinate bears only the disadvantage. Hence the subordinate knows no rights, but only duties. Previously there existed a service regulation, called the pigskin regulation, but in the 1820s it was taken away from the private owners. Since then, no subordinate is allowed to cite it in his favour, while the higher authorities are constantly permitted to cite it against the subordinates! It is the same with the service instructions for the Guards Corps, which were never communicated to the army, never made accessible to the subordinates, under which they naturally derive only the advantage of this confusion, which allows them the greatest arbitrariness, the harshest tyranny—and yet are punished! The staff and general officers have the advantage, but the subaltern officers, the non-commissioned officers and soldiers suffer under it, and it is in their interest that Herr Besser interpellates General Schreckenstein.

How astonished Herr Schreckenstein must have been when he got to hear this long “scribbling”, to use the favourite expression of the year ’13! What, the Prussian army has no service regulation? What nonsense! The Prussian army, upon my honour, has the very best regulation in the world, which is at the same time the briefest and consists of only two words: “Ordre parieren!” If a soldier of the “unflogged” army receives buffets, kicks or butt-strokes, if he is tweaked by the beard or the nose by a beardless lieutenant just escaped from the cadet school and complains: “Ordre parieren!” If a half-drunk major after dinner, for his special amusement, makes his battalion march into the swamp up to their waists and form square there [battalion formation in a square], and a subordinate dares to complain: “Ordre parieren!” If the officers are forbidden to visit this or that café and they permit themselves a remark: “Ordre parieren!” That is the best service regulation, for it fits all cases.

Of all the ministers, Herr Schreckenstein is the only one who has not yet lost courage. The soldier who served under Napoleon, who has done Prussian barrack-square drill for thirty-three years, who has heard many a bullet whistle, will surely not be afraid of agreement deputies and interpellations! And all the more so when the great “Ordre parieren!” is in danger!

Gentlemen, he says, I must know better. I must know what is to be changed in this. We are concerned here with tearing down, and tearing down must not be allowed to tear down, because building up is very difficult. The military constitution was made by Scharnhorst, Gneisenau, Boyen and Grolmann, embraces 600,000 armed and tactically trained citizens and offers every citizen a secure future as long as discipline exists. But that I shall maintain, and with that I have said enough.

Herr Besser: Herr Schreckenstein has not answered the question at all. But from his remarks it appears that he believes a service regulation would loosen discipline!

Herr Schreckenstein: I have already said that I shall do what is timely for the army and conducive to the benefit of the service.

Herr Behnsch: We have at least the right to demand that the minister answer us yes or no, or declare that he will not answer. So far we have heard only evasive phrases.

Herr Schreckenstein, irked: I do not consider it useful for the service to go further into this interpellation.

The service, always the service! Herr Schreckenstein still imagines he is a divisional commander and is speaking to his officer corps. He fancies that even as Minister of War he need only consider the service, and not the legal position of the individual army ranks vis-à-vis one another, and least of all the position of the army in relation to the state as a whole and to its citizens! We are still under Bodelschwingh; the spirit of old Boyen continues to hold sway unchecked in the Ministry of War.

Herr Piegsa interpellates concerning the maltreatment of Poles in Mielzyn on June 7.

Herr Auerswald declares that he must first await complete reports.

So a whole month of 31 days after the incident Herr Auerswald is still not fully informed! Wonderful administration!

Herr Behnsch interpellates Herr Hansemann whether, when submitting the budget, he would lay before the Assembly a survey of the administration of the Seehandlung since 1820 and of the state treasury since 1840.

Herr Hansemann declares amid resounding laughter that he will be able to answer in eight days!

Herr Behnsch interpellates again concerning government support for emigration.

Herr Kühlwetter answers that this is a German affair and refers Herr Behnsch to Archduke John.

Herr Grebel interpellates Herr Schreckenstein concerning the military administrative officials who are at the same time Landwehr officers, enter active service during Landwehr exercises, and thereby deprive other Landwehr officers of the opportunity to train. He moves that these officials be released from the Landwehr.

Herr Schreckenstein declares he will do his duty and will even take the matter into consideration.

Herr Feldhaus interpellates Herr Schreckenstein concerning the soldiers who perished on the march from Posen to Glogau on June 18, and the measures taken to punish this barbarity.

Herr Schreckenstein: The thing did take place. The report of the regiment commander has been submitted. The report of the general command, which ordered the stages, is still missing. I cannot yet say, therefore, whether the march order was exceeded. Besides, judgment is being passed here on a staff officer, and such judgments are painful. The “High General Assembly” (!!!) will, it is hoped, wait until the reports have arrived.

Herr Schreckenstein does not judge this barbarity as barbarity; he merely asks whether the major concerned “obeyed orders”? And what does it matter whether 18 soldiers perish miserably on the highway like so much cattle, so long as orders are obeyed!

Herr Behnsch, who had put the same interpellation as Herr Feldhaus: I withdraw my now superfluous interpellation, but I demand that the Minister of War fix a day on which he will reply. Three weeks have already passed since the incident, and the reports could have been here long ago.

Herr Schreckenstein: Not a moment has been lost; the reports from the general command were immediately demanded.

The President wants to skip the matter.

Herr Behnsch: I merely ask the Minister of War to answer and to fix a day.

President: Does Herr Schreckenstein wish…

Herr Schreckenstein: There is no foreseeing at all when that will be.

Herr Gladbach: §28 of the regulations imposes on the ministers the obligation to fix a day. I too insist on this.

President: I ask the minister once more.

Herr Schreckenstein: I cannot fix a definite day.

Herr Gladbach: I stick to my demand.

Herr Temme: I share the same opinion.

President: Will the Minister of War perhaps in fourteen days…

Herr Schreckenstein: Quite possible. As soon as I know whether orders were obeyed, I shall answer.

President: In a fortnight, then.

Thus the Minister of War does “his duty” to the Assembly!

Herr Gladbach still has an interpellation to address to the Minister of the Interior concerning the suspension of unpopular officials and the provisional, merely temporary filling of vacant posts.

Herr Kühlwetter answers quite inadequately, and the further remarks of Herr Gladbach are suppressed amidst the murmuring, shouting and drumming of the Right, at last outraged by so much impudence, after a valiant resistance.

A motion by Herr Berends that the Landwehr called up for internal service be placed under the command of the Civic Guard is not recognised as urgent and is subsequently withdrawn.

Then begins an agreeable conversation regarding all sorts of quibbles connected with the Posen commission. The storm of interpellations and urgency motions is over, and like the soft rustling of the zephyr and the gentle murmur of the meadow brook, the last conciliatory sounds of the famous sitting of July 7 die away. Herr Hansemann goes home with the consolation that the din and drumming of the Right has wound a few flowers into his crown of thorns, and Herr Schreckenstein, self-satisfied, twirls his moustache and murmurs: “Ordre parieren!”