almost wholly disapproving it, the
Arnold Process was found at Friedrich's death (restoration of honors to
old Furst and Company, one of the first acts of the New Reign, sure of
immediate popularity); and, I think, pretty much continues so still, few
or none in Berlin Society admitting Miller Arnold's claim to redress,
much less defending that onslaught on Furst and the wigs. [Herr Preuss
himself inclines that way, rather condemnatory of Friedrich; but
his Account, as usual, is exact and authentic,--though distressingly
confused, and scattered about into different corners (Preuss, iii.
381-413; then again, ibid. 520 &c.). On the other hand, there is one
Segebusch, too, a learned Doctor, of Altona, who takes the King's
side,--and really is rather stupid, argumentative merely, and
unilluminative, if you read him: Segebusch, _Historischrechtliche
Wurdigung der Einmischung Friedrich's des Grossen in die bekannte
Rechtssache des Mullers Arnold, auch fur Nicht-Juristen_ (Altona,
1829).]
Who, from the remote distance, would venture to contradict? Once more,
my own poor impression was, which I keep silent except to friends,
that Berlin Society was wrong; that Miller Arnold had of a truth lost
portions of his dam-water, and was entitled to abatement; and that
in such case, Friedrich's horror at the Furst-and-Company Phenomenon
(horror aggravated by gout) had its highly respectable side withal.
When, after Friedrich's death, on Von Gersdorf's urgent reclamations,
the case was reopened, and allowed to be carried "into the Secret
Tribunal, as the competent Court of Appeal in third instance," the said
Tribunal found, That the law-maxim depended upon by the Lower Courts, as
to "the absolute right of owners of private streams," did NOT apply
in the present case; but that the Deed of 1566 did; and also that "the
facts as to pretended damage [PRETENCE merely] from loss of water, were
satisfactorily proved against Arnold:" Gersdorf, therefore, may have his
Pond; and Arnold must refund the money paid to him for "damages" by the
condemned Judges; and also the purchase-money of his Mill, if he means
to keep the latter. All which moneys, however, his Majesty Friedrich
Wilhelm II., Friedrich's Successor, to have done with the matter,
handsomely paid out of his own pocket: the handsome way of ending it.
In his last journey to West-Preussen, June, 1784, Friedrich said to the
new Regierungs-President (Chief Judge) there: "I am Head Commiss
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