"** ;i *lr v» i%V TF art* «• 8 / (Skrman Bnibersities. CONTRIBUTIONS TO THE HISTORY AND IMPROVEMENT OF THE GERMAN UNIVERSITIES. BY KARL VON RAUMER Reprinted from the American Journal of Education. EDITED BY HENRY BARNARD, LL.D., Chancellor of the University of Wisconsin. NEW YOEK: PUBLISHED BY F. C. BROWNELL, NO. 12 APPLETON'S BUILDING. 18 5 0. ENTERED, according to Act of Congress, in the year 1859, EY HENfiY BARNARD.. In the Clerk's Office of the District Court of Connecticut. -< ;c j INTRODUCTION. The following Contributions to the History and Improvement of " The German Universities" constitutes the fourth volume of Prof. Raumer's "History of Pedagogics" and was translated from the last German edi- tion, for the " American Journal of Education" by the Associate Editor, Mr. Frederic B. Perkins, Librarian of the Connecticut Historical Society. Prof. Raumer introduces his work with the following quotation, on the title-page, from Savigny's " History of the Civil Lww." "The Universities have come down to us as a noble inheritance of former times; and we are bound in honor to leave them to future generations with their condition improved as far as possible, and injured as little as possible." The work is dedicated by the German author TO THE STUDENTS OF THE PAST AND PRESENT, WHO HAVE BEEN MY COMPANIONS FROM 1S11 TO 1854, I DEDICATE THIS BOOK, IN TRUE AND HEARTFELT LOVE. The Preface is as follows : — The reader here receives the conclusion of my work. It is a contribution to the history of the universities. When I commenced it, I hoped confidently to be able to make it greater ; but in proportion as I gained an insight into the difficulty of the enterprise of writing a complete history of the German universities, my courage failed. Many of the difficulties which the his- torian of the German people has to overcome, are here also found in the way, and in much increased dimensions. If all the German universities possessed the same features, if the character- istics of one of them — important modifications excepted — would stand for all, then the task of their historian would, apparently, be quite simple. But how different, and how radically different, are the universities from each other ! Even the multiplicity of the German nationalities, governments, and sects had much to do in distinguishing them. To compare, for instance, the universities of Gottingen and Jena, as they were at the beginning of the present century; what a contrast appears between them ! And how much greater is the difference between these two Protestant universities and the Catholic one of Vienna ! Further than this, each single university undergoes such changes in the course of time, tbat it appears, as it were, different from itself. To instance the Uni- versity of Heidelberg : Catholic in the beginning, it became Lutheran in 155G, Reformed in 1560, Lutheran in 1576, Reformed again in 1583 ; afterward came under the management of the Jesuits ; and, at the destruction of their order, returned to Protestantism. 541344 4 INTRODUCTION. To these difficulties, in the way of the historian of all the German universities, is added this one : that the most important sources of information fail him ; as we have, namely, hut few competent histories of single universities — such, for ex- ample, as KliipiVl's valuable "Jlistory of the University of Tubingen." These considerations will sufficiently excuse me for publishing only contribu- tions to a history of the German universities, which will sooner or later appear. What I have added under the name of "Academical Treatises," is also a con- tribution to history ; for the reason that these treatises will, of necessity, not be worthless for some future historian of the present condition of our universities. In conclusion, I desire gratefully to acknowledge the goodness of Chief Libra- rian lloeck, for books furnished me from the Gottingen library. Mr. Stenglein, librarian at Bamberg, also most willingly furnished me with books from it. The use of the Eoyal Library at Berlin was also afforded me, with distinguished friendliness and kindness ; for which I would once more most heartily thank Privy Councilor and Chief Librarian Pertz, and Librarians Dr. Pinder and Dr. Friedlander. Eklangen, Uli April, 1854. Kakl von Eaumer. NOTE BY THE AMERICAN EDITOR. In order to a full understanding of the basis upon which the university system of Germany rests, and to furnish the data for a comparison between our American colleges and professional schools, and the cor- responding institutions of higher learning and special scientific instruc- tion in Europe, there are from time to time published in the "American, Journal of Education," accounts of the Gymnasia, Latin Schools, Lycea, and other institutions of secondary education, and also of the Polytechnic Institutions, Schools of Arts, Science, Agriculture, &c, of the principal states of Europe. In this place we can merely remind the reader that, in order justly to estimate the absolute and relative excellence and value of the German universities, and their systems, as compared with our American colleges, he must always bear in mind the great differences between the states of society in which the two classes of institutions exist, the different ages of their undergraduates, the different classes of avocations into which their graduates enter, and the different tests of attainment which are applied to these graduates before their entrance into actual life. University of Wisconsin, Madison, June 4cth, 1859. CONTENTS. Paob. LvTRODUCTrON • • ** I. The German Universities. From the German of Karl von Raumer 9 I. Historical 9 1. Introduction. Universities of Salerno, Bologna, and Paris 9 2. List of German Universities, with date of their foundation 10 3. The German Universities in the Fourteenth and Fifteenth centuries 11 A. Charters, or Letters of Foundation 11 B. The Pope and the Universities 12 C. Tiie Emperor and the Universities 10 D. Organization of the earliest German Universities 17 a. The Four Nations. Four Faculties. Rector. Chancellor. Endowments. 18 b. The Four Faculties. 20 1. Faculty of Arts 20 2. Faculty of Theology 21 3. Faculty of Canon and Civil Law 24 4. Faculty of Medicine 26 c. Customs and Discipline 27 4. University of Wittenberg and its relations to the earlier Universities 30 5. History of the Customs of the Universities in the Seventeenth Century 37 A. The Deposition. B. Pennalism 6. History of the Universities in the Eighteenth Century 52 A. Nationalism. National Societies ™ B. Students' orders 56 7. History of the Universities in the Nineteenth Century 58 Introduction ; the author's academical experience 59 A. Entrance at Halle, 1799 ; a preliminary view 59 B. Gottingen ; Easter 1801 to Easter 1803 59 C. Halle ; Easter 1803 to Sept. 1805 J> 8 D. Breslau; 1810 to 1817 76 a. Establishment of the Jena Burschenschaft, July 18, 1816. Wartburg Festi val, Oct. 18, 1817 80 b. Establishment of the general Burschenschaft, in 1818 91 E. Breslau, 1817 to 1819 92 a. Sand lt)2 b. The consequences of Sand's crime. Investigations. Breaking up of the societies. Destruction of the Burschenschaft !24 F. Halle, 1819 to 1823 '•J Conclusion _ . 155 II. Appendix I. Bull of Pius II., creating University of Ingoldstadt »' II. List of Lectures in the Faculty of Arts in 1366 lo9 III. Bursaries IV. The "Comment" of the National Societies lb * V. Statutes |j* A. Constitution of the General German Burschenschaft ibb B. The Jena Burschenschaft VI. The Wartburg Letters Vll. Bahrdt with the iron forehead VIII Substance of Tubingen Statutes for organizing a students' committee 187 G CONTENTS. Pag«. IX. Extract from an Address of Prof. Heyder, at Jena, in 1607 188 X. Synonyms of " Beanvs " 191 XI. Meyfart's "Jlretinus " or Student Life in the Sixteenth Century 191 XII. Grant of Privileges by Leopold 1. to the University of Hulle 192 XIII. Works referred to 253 XIV. The Universities in the summer of 1853 198 III. Academical Treatises 201 1. Lecture system. Dialogic instruction 201 2. Examinations 206 3. Obligatory lectures. Optional attendance. Lyceums. Relations of the philo- sophical faculty and their lectures, to those of the professional studies 213 4. Personal relations of the professors and students 229 5. Small and large universities. Academies 236 6. University instruction in elementary natural history 241 7. Student songs 245 Conclusion 049 Index 255 1. HISTORY OF THE GERMAN UNIVERSITIES. I. THE GERMAN UNIVERSITIES. (Translated from the German of Karl von Eaumer for this Journal.) I. Introduction. The foundation of the earliest German universities took place at a time when both Italy and France had long possessed them. Tacitus' saying of the youth of Germany, " Sera juvenum pubertas" is equally applicable to the development of her intellect. Among the oldest universities of the middle ages,* we may here remark upon three — Salerno, Bologna, and Paris. The school of Salerno was an extremely ancient school of medicine ; a sort of isolated medical faculty, which had no special influence upon subsequent universities. At the University of Bologna, law was the leading study. The ori- gin of the university is obscure. At the diet of Roncaglia, in 1158, it received from Frederic Barbarossa a grant of privileges which has often been referred to on occasion of the issue of charters to later Ger- man universities.f The organization of the University of Bologna was materially different from that of all the later German universities. This appears from the fact, that in it only the foreign students (advence forenses) had at Bologna, complete rights of membership. They chose the rector, and their assembly, summoned by the rector, was the proper university. In this assembly the teachers and professors had no voice, but were wholly dependent upon the rector and the university.]; This single fact shows clearly enough, that Bologna was not the model of the Ger- man universities. Paris served in that capacity, especially for the earliest ; such as Prague, Vienna, Heidelberg, &c. The University of Paris differed from that of Bologna chiefly in that theology was its prominent study,§ and also in respect to its organiza- tion. At Paris, the authority was exclusively in the hands of the teachers, the scholars having no part whatever in it. As a rule, only actual professional instructors could be members of the governing as- sembly, and other graduates only on extraordinary occasions. * The following brief sketch I gather chiefly from the clear and thorough account of Savigny. (HUtory of the Roman Jurisprudence in the Middle Ages, vol. ii. 2d ed. 1834.) t Compare, further on, the charters of Archduke Rudolph and of Albert of Austria, to the University of Vienna. % For later extensions and changes in the university, see Savigny, 1. c. § In Paris, however, only the canon law, proceeding from the Church, could be read,— not the civil law ; and this prohibition was not removed until 1679. 10 THE GERMAN UNIVERSITIES. B&t?> teachers and scholars were divided into four nations: French, English or German, Picard, and Norman. Each nation had a procu- rator at its head ; as their subsequent derivatives, the four faculties, had each a dean. The rector was chosen only from the faculty of arts (of philosophy), and, indeed, only from masters in that faculty. To the university belonged colleges, some of which were foundations for the poor, and others pension (boarding) institutions for those in good circumstances. One of these colleges was the Sorbonne, founded in the year 1250. In discussing the German universities, especially the oldest, we shall repeatedly refer to the organization of the University of Paris. We have no complete body of statutes of this university, but can arrive at a near approximation to them, from various sources. For some of the German university statutes, as for instance those of Vienna, repeatedly declare that they wholly follow the organization of the Paris univer- sity ; so that we may consider them, in substance at least, as repre- senting those which formed there, in fact if not in statutory form, a common law. II. List of the German Universities in the Order of their Foundation. The universities of Germany were founded in the following order : a. In the \Uh Century. 1. Prague, 1348. 4. Cologne, 1388. 2. Vienna, 1365. 5. Erfurt, 1392. 3. Heidelberg, 1386. b. In the \5th Century. 6. Leipzig, 1409. 10. Ingolstadt, 1472; transferred to 7. Rostock, 1419. Landshut in 1802, and in 1826 8. Greifswald, 1456. to Munich. 9. Freiburg, 1457. 11. Tubingen, 1477. 12. Mentz, 1477. c. In the Mtth Century. 13. "Wittenberer, 1502; removed to 18. Jena, 1558. Halle in 1817. 19. Helmstadt, 1576 ; dissolved 1809. 14. Frankfurt, 1506; removed to Bres- 20. Altorf, 1578 ; dissolved. lau in 1811. 21. Olmiitz, 1581. 15. Marburg, 1527. 22. Wurzburg, 1582. 16. Konigsberg, 1544. 23. Gratz, 1586. 17. Dillingen, 1549. d. In the \1th Century. 24. Giessen, 1607. 30. Bamberg, 1638. 25. Paderborn, 1615. 31. Herborn, 1654. 26. Rinteln, 1621 ; dissolved in 1809. 32. Duisburg, 1655 ; dissolved. 27. Salzburer, 1623. 33. Kiel, 1665. 28. Osnabruck, 1630. 34. Inspruck, 1672. 29. Linz, 1636. 35. Halle, 1694. e. In the I8lh Century. Breslau, 1702. 38. Erlangen, 1743. 87. Gottingen, 1737. 89. Berlin, 180! 40. Bonn, 1818 /. In the \§th Century. 89. Berlin, 1809. 41. Munich, 1826. THE GERMAN UNIVERSITIES. 11 III. The German Universities of the 14th and 15th Centuries. A. CHARTERS. The origin of the universities of Bologna and Paris is uncertain, as is that of the two English universities of Oxford and Cambridge. The origin of every German university, however, is known. German princes, either temporal or spiritual, founded them, except a few, such as Erfurt, Altorf, Strasburg, and Cologne, which were founded by hon- ored town magistrates. The memory of these founders has been ac- knowledged by naming the universities after them.* That such a grateful memory is well deserved, appears from the charters which they gave to the universities ; which show clearly the sincere benevolence, and noble princely conscientiousness, with which they cared for the temporal and eternal well-being of their subjects, as well as their real respect for learning, and recognition of its value to men. These characteristics are to be discovered even in the decree issued by the Emperor Frederic Barbarossa at the Diet of Roncaglia, a. d. 1158, in favor of the teachers and students of Bologna ; and which has furnished a precedent for many charters given to universities by later princes. In this decree the emperor promises his protection to the students and professors during their journeys to and from the university city, and their sojourn there. " For," he says, " we hold it proper, if all those who do well deserve in all ways our approbation and protec- tion, that we should protect with special affection against all injury, those through whose learning the whole earth will become enlight- ened, and our subjects will learn to be obedient to God, and to us, his servant." For, the decree continues, who will not sympathize with those who, when they have left their native land and exposed them- selves to poverty and peril for the love of learning, often suffer misuse from the vilest of men, without reason ? And the emperor threatens all, even the authorities, with fines and other penalties, if they shall disobey the decree. From all the charters of foundation of the German universities, from the most ancient time down to the present, it would be difficult to select one better than another by way of example. All of them, so far as I know, display the same noble benevolence. Archduke Rudolph IV. of Austria, in his charterf to the University of Vienna, founded by him in 1365, declares, "that as God has placed * As, Albertina, Julia, Ruperta, &c. Sometimes a university has a double name: for th« founder and for a restorer or some important benefactor. Thus, the University of Erlangen ii named Frederico-Alexandrina, from the first founder, Margrave Frederic, and the restorer, Mar grave Frederic Alexander. t Schlikenrieder, 10. 12 THE GERMAN UNIVERSITIES. him in authority over important territories, he owes thanks to him, and all benefits to his people. A profound obligation, therefore, rests upon him, to make such ordinances in the territory under his govern- ment, as shall cause the grace of the Creator to be praised, the true faith to be spread abroad, the simple instructed, the justice of the law maintained, the human understanding enlightened, the public good promoted, and the hearts of men prepared to be illuminated by the Holy Ghost. And if the darkness of ignorance and of error were dis- pelled, then would men, applying themselves to divine wisdom, which enters into no wicked soul, bring forth from their treasuries things new and old, and bear much fruit on earth. In order, therefore, to do something, though but a little, in token of gratitude to God, and to his honor and praise, and for the benefit of the human race, he has determined, upon ripe consideration, to found in his city of Vienna a university (stuJium generale)? In this university, continues the de- cree, shall be read, taught, and studied, that sacred science which we call theology, the natural, moral, and polite arts and sciences, canon and civil law, medicine, and other approved studies. Similar terms are used by Rudolph's brother in the charter which he granted to the University of Vienna in 1387.* It is his sense of Christian obligation that causes him, in return for the princely station intrusted to him by God, to thank the Giver, and to exercise conscien- tious care for the temporal and eternal good of his subjects ; and the university lies near his heart, because these good objects will be pro- moted by it. Duke Ludwig of Bavaria expresses similar sentiments in the charter of foundation of the University of Ingolstadt, granted by him in the year 1472.f Among the blessings, he says, which the grace of God permits to men in this transitory world, learning is of the first. For by it the way to a good and holy life is taught, the human reason enlightened in right knowledge, and trained to good habits and morals, the Christian faith promoted, and justice and the common good estab- lished. "And as," he continues, "we are mindful that the divine mercy has for a long time maintained our predecessors and ourselves in princely honor and glory, and has in a sensible manner guided our people and our kingdom, we recognize it as our duty to give thanks for this goodness, and to exert our earnest and assiduous industry that learning shall be instilled into men's minds, that their senses and reason may be enlightened, the Christian faith extended, and justice, good morals, and good conduct promoted. And, therefore, to the praise of * Schlikenrieder, 93. t Mederer, iv. 42. THE GERMAN UNIVERSITIES. 13 Almighty God, the strengthening of Christendom, the good of all be- lieving men, the common profit, and the promotion of justice, we have founded a university in our city of Ingolstadt." Five years later, in the charter of foundation of the University of Tubingen, in 1477, Count Eberhard* says that "he has often had it under consideration how he might best set about undertaking some enterprise well pleasing to the Creator, and useful for the common good and for his own subjects. He had arrived at the conclusion that he could begin nothing better and more pleasing to the eternal God, than to prepare means for the instruction of good and well-intentioned youths in the liberal arts, and in learning, so that they may be enabled to recognize, fear, and obey God. In this good belief, he has deter- mined to found a school for human and divine learning." Many like examples of the God-fearing spirit of the German princes, temporal and spiritual, could be adduced, testifying to their pure and noble objects in founding universities. In reading these testimonies, the belief is necessary, that God's blessing must rest upon institutions so evidently founded for his glory and the benefit of men. And that these pious expressions were not mere empty or hypo- critical ones, not corresponding with the truth, appears from the many proofs of real love which the princes have bestowed on the universities, as well at their first foundation as in succeeding times ; such as gifts, immunities, protections, honors, &c.f As peace and quiet are necessary to students, Duke Rudolph of Austria gave to the University of Vienna a large and retired tract of land, with all its houses, gardens, &c. He promised to all its teachers and scholars coming thither, and to their servants and goods, his safe conduct, which they were to obtain from the authorities when- ever they should enter his territories; and the same promise was made for their return. If they suffer any damage, it is to be made good to them. Neither are they to pay any toll for their property or goods.J All the officers of the university, even including the beadles, he freed from all assessments and imposts. To these prerogatives Rudolph added this : that members of the university, even in criminal cases, should be almost or quite altogether under the jurisdiction of the Rector's Court. * Kliipfel, p. 2. t It is not my design to give full accounts of the endowments, immunities, &c, of single uni- versities, particularly as Meiners, Dieterici, Koch, &c, have written upon them. I shall cita only a few items in relation to them, especially such as have most connection with the intellec- tual history of these institutions. t " And if any one shall presume to receive any toll or custom for passing such goods, let hire know that he shall incur our heavy indignation." 14 THE GERMAN UNIVERSITIES. The endowments of the different universities were derived not from the single source of gifts by the princes who founded them — each university has a financial history of its own. The Popes,* in particu- lar, gave much assistance to them, by granting them various sorts of income from the property of the Church — benefices, tithes, &c. After the Reformation, the property of many convents was given to the universities; and at the dissolution of the Society of Jesuits, in 1*773, their estates were distributed, even to Catholic universities.f B. THE POPE AND THE GERMAN UNIVERSITIES. In early times, when the German princes desired to found a uni- versity, they commonly made previous application to the Pope, to issue a bull for granting the foundation and its privileges. Thus, Clement VI., in 1347, issued, a bull for founding the University of Prague; Urban V., in 1365, for that of Vienna; Alexander V., in 1409, for that of Leipzig; Pius II., in 1459, for that of Ingolstadt. In like manner, in 1389, Urban VI. granted to the city of Erfurt permission to found a university. The contents of these bulls were in substance always the same. The Pope, as head of all the faithful, declared it his duty to do all in his power to promote the prosperity of learning, by which the glory of God is spread abroad, and the true faith, law and justice, and human happiness, are promoted. Therefore he willingly authorizes the foundation of a university (studium generate), as prayed for, and grants it all the privileges of universities already existing, which are commonly cited by name. In particular, he grants to the four facul- ties the right to teach, and to promote the scholars, according to rule, by gradations, to be bachelors, licentiates, and masters ; and he author- izes those so promoted to teach everywhere. It was this permission especially, which, according to the early doctrine, the Pope only could grant, as standing at the head of all Christendom. From this circum- stance also, it may be, the name studium generate is derived ; not from the fact that the institution includes all four of the faculties, but because the graduates of a university founded by the Pope, were rec- ognized as such by all the Christiau universities of Europe, and so had the privilege of teaching everywhere.^ * See Meiners, History of Universities, &c, 2, 8, Ac. t That of Prague, for instance. Tomek, History of the University of Prague, 340. * Urban V.. in his hull of 1365, constituted the University of Vienna of three faculties, but without a theological one. This omission was supplied by Urban VI., by his bull of 18S4, in which he granted tha request of Duke Albert :" We have deigned, out of our apostolical be- nignity, to grant that In the same university lectures on sacred theology may be publicly read, ind that the honor* ami degree* of bachelor, licentiate, and master, in the said theology, may THE GERMAN UNIVERSITIES. 15 The bull usually complimented the city in which the university was to be established. Thus. Iogolstadt is praised for its pure air, and its abundance of the necessaries of life ; and it is observed that there is no other university within a circuit of a hundred and fifty Italian miles. Frankfurt, in like manuer, is praised for its healthy air, its wealth in the means of life, and its abundance of proper lodgings for students ; and Leipzig, not only for the productiveness of its vicinity and its favorable climate, but because the citizens are polite and of good morals.* The Pope's bull designated some high ecclesiastic as chancellor of the university, one of whose duties was to be, to see that degrees were orderly conferred. At Prague, for instance, the Archbishop of Prague was made chancellor ; at Vienna, the Provost of the Church of All Saints ; at Frankfurt, the Bishop of Leubus, &c.f C. THE EMPERORS AND THE UNIVERSITIES. According to what has been said, the Pope's bull sufficed to give the university standing and currency in the religious world ; but the inquiry remains, whether they did not need a grant of privileges also from the emperor, who was also King of Rome ? Charles IV. author- ized, as King of Rome, the charter of foundation which he had given to the University of Prague the year before (1348), as King of Bo- hemia ;J but no imperial grant is mentioned as having accompanied the Papal one at the foundation of those of Vienna, Heidelberg, Cologne, Erfurt, Leipzig, and Ingolstadt.§ It was only from the time of Maximilian I. that the emperors seem to have treated the founding and assistance of universities as an official privilege of their own, which they were bound in conscience to assume. That emperor, in 1495, at the Diet of Worms, even made be conferred in order as is accustomed to be done in the universities of Bologna or Paris, or Cambridge or Oxford. . . . And we have further ordained that, in the said town there shall be a university {studium generale) in theology." The theological teachers are to possess the same privileges as in Bologna and Paris; especially that of orderly creating bachelors, licentiates, and masters; who being so promoted, shall thereafter, "without any other examination or ap- probation, have full and free authority to govern and to teach, as well in the aforesaid town as in any other universities whatever, in which they may choose." * Gretschol. The University of Leipzig, p. 18. t As an example of the bulls for founding universities, I have inserted (Appendix I.) the bull of Pius II., of 1459, for the foundation of the University of Ingolstadt, already mentioned. The oath contained in it to be taken by each scholar, of faithfulness and obedience to the Pope, is worthy of attention. % Tomek, 4. § I found no imperial grant for Vienna in Schlikenrieder's Chronologia Diplomatica. May the reason have been Duke Kudolph's enmity to his father-in-law, Charles IV. ? But Mederer'a very full Annates give no imperial charter for Ingolstadt ; and as to Leipzig, Gretschel remarks (p. 18) that this university never received any imperial confirmation. Neither does Motsch- mann give any for Erfurt. 16 THE GERMAN UNIVERSITIES. the proposition that each elector should found a university in his own territories ; which proposal may, perhaps, have occasioned the estab- lishment of the universities of Wittenberg and Frankfurt. All those universities founded after Maximilian's time, down to the end of the German Empire, were required to have an imperial grant ; as Halle, in 1693, Gottingen, in 1*737. The last Protestant university founded by the emperor, was Erlangen, in 1743. But what was the relation between the imperial and papal grants ? Did the emperor define the temporal, and the Pope the spiritual, privileges of the insti- tution, and was the Pope's authorization required before that of the emperor ? These questions would be difficult to answer. The Emperor Maximilian, in 1502, granted a charter for founding the University of Wittenberg. In this he declares himself bound, as emperor, to care for the promotion of learning in his realm. He grants the request of the Elector Frederick, for the foundation of a university* at Wittenberg, and the appointment of teachers in the four faculties. He grants further, the power of creating, after a fair and strict examination, bachelors, masters, licentiates, and doctors in all the faculties ; who may thereafter possess all the rights and privi- leges which the doctors of the universities of Bologna, Paris, and Leipzig possess, in all places and countries of the Roman Empire, and in all other places.f And he also grants to the university the privi- lege of making its own statutes and choosing its own rector. This imperial grant was recognized by Cardinal Raymundus, and, at the request of the elector, authorized ; the latter hoping, says the cardinal, that the university will truly prosper, having, besides the imperial foundation, the light of the apostolical splendor. Thus the Pope, in this case, assumes a place subordinate to the emperor, and the latter grants privileges before only proceeding from the former. A doubt, however, remained, although the cardinal had confirmed the establishment by Maximilian of the four faculties, whether valid de- grees could be given in theology and canon law without special authority from the Pope; for which reason he expressly adds this authority supplementary. Maximilian L, in the year 1500, granted a charter for the founda- tion of the University of Frankfurt, which corresponds in substance with that of Wittenberg, and which, like it, makes no mention of a papal bull. Pope Julius II. issued such a bull in the year 1506, and * " Studium generate aire universitalem aut gymnasium." t "In omnibu* locis et terris R. Imperii et ubique tei'rarum? And in the imperial char- ier to the University of Frankfurt it is provided that those having degrees, " shall have license in whatever other universities, without further examination, to read, teach, and do all other things which the masters and doctors of any other universities may do." — Becmann, 10. THE GERMAN UNIVERSITIES. 17 confirmed it by another the next year ; and in both of these, he in his turn makes no reference whatever to the imperial charter, and pro- vides for every thing as if no such thing existed.* While the subsequnt founders of Protestant universities (of which Marburg was the earliest) naturally did not apply for papal bulls, still the Catholic emperors from time to time made grants to such univer- sities. Thus, Charles V. did so in 1541, for Marburg; Ferdinand I., in 1557, for Jena; Maximilian II., in 1575, for Helmstadt; Ferdinand II., in 1620, for Rinteln; Leopold I., in 1693, for Halle; Charles VI, in 1737, for Gottingen; and Charles VII., in 1743, for Erlangen. These grants were all similar in substance and in part word for word. But in the later ones, the rector or pro-rector, for the time being, of the university, at Erlangen the pro-chancellor, is granted the count- ship of the Holy Lateran Palace, and of the Court of Caesar (count palatineship).f As such count palatine (pfalzgraf ), he possessed singu- lar privileges, — might appoint notaries ; might appoint and displace guardians and curators ; restore their honor to the infamous ; legiti- mate illegitimate children of all kinds,]; and create poets-laureate. These latter might freely read, write, and dispute upon the art (scientia) of poetry, in all countries of the Roman Empire, and every- where ; and in all places might enjoy the privileges, honors, &c, of poets-laureate.§ One circumstance relating to the University of Konigsberg deserves special notice. Although Margrave Albeit, in 1544, granted it a charter of foundation wholly Protestant in character, yet he, together with Sabinus, first rector of the university, applied to Cardinal Bembo, * Whole portions are transferred word for word from the imperial charter to the papal bulls. An expression in the second bull seems to explain the matter. Julius II. mentions that his predecessor, Alexander VI., had already in the sixth year of his pontificate (1498), granted per- mission to the Elector John to found a university ; which was two years before Maximilian's charter. The latter, it would seem, referred to the papal grant only in this, that he appointed as chancellor the Bishop of Leubus, whom Alexander VI. had probably designated for that office, and whom Julius definitely appoints, without any reference to the imperial charter. For a specimen of the imperial charters, see Appendix II. t So the protector at Halle and Gottingen. Ferdinand II., in 1623, granted the count palatine- ship to the faculty of jurisprudence in Ingoldstadt This university, he says, "is the palaestra where we remember with kindly affection that our own youth was educated." For further in- formation on this countship, see Dufresne, sub voc, Comes palatinws and Comitiva. % The charter to Halle (Koch, i., 458), and that to Gottingen (Gesner, 6), enumerate u natu- rales, baslardi, spurii, manseres, nothi, incestuosi."" § Hedwig Zaunemannin, of Erfurt, composed a poem for the dedication of the University of Gottingen, ending with the lines: " Long may live this Muse's home; And prosperous it shall remain, Until the universe shall fall with crash and flame." And upon this it is remarked—" This most noble virgin, for this and other most elaborate monu- ments of her talents, deserved to receive the poetic laurel from the university." No. 16.— [Vol. VI., No 1.]— 2 2 18 THE GERMAN UNIVERSITIES. with the request that the Pope, for the certification of the university, would issue a bull granting it the right of conferring degrees in course. Bembo answered that the Pope would do so as soon as a copy of the imperial confirmation should be laid before him ; as Konigsberg was under the emperor's protection, if not actually under his authority. As the emperor, however, granted no confirmation, no bull was issued, and Albert found himself under the necessity of applying to King Sigismund, of Poland, for a confirmation. He accordingly issued one, in 1556, giving the university all and every the academ- ical privileges, — jurisdiction, right of making its own statutes, right of conferring degrees in course, &c. ; and all the privileges possessed by his own University of Cracow.* D. ORGANIZATION OF THE FIRST GERMAN UNIVERSITIES. A. Four Nations. — Four Faculties. — Hector. — Chancellor. — University Endowments. The charter of foundation and the imperial and papal grants of privilege having been issued, the university could now come into active life. The founder first invited teachers, who in turn gathered scholars about them. Teachers and students both, in Prague, Vienna, Heidelberg, and Leipzig, after the manner of the University of Paris, were divided into four nations, and each nation appointed a master of arts to stand at its head as procurator. This division into four nations was laid down by Duke Rudolph in his charter of foundation to the University of Vienna in J365 ;f but was more clearly defined by the university itself in 1366, and, as is expressly declared, upon the model of Paris.J The first nation, de- nominated the Southern (Australis), was chiefly composed of Southern Germany ; the second, the Saxon, chiefly Western and Northern Ger- many; the third was the Bohemian, and the fourth the Hungarian. This division was modified by Duke Albrecht in his charter of 1384, so as to call the first nation, the Austrian ; the second, the Rhenish, in- cluding Bavaria, Suabia, Alsace, Franconia, and Hesse ; the third, the Hungarian, including also Bohemia, Moravia, and Poland ; and the fourth included Saxony, Westphalia, Prussia, probably ; that is, by great glasses, beakers, and cans. There they bound themselves to each other, with cursing and swearing, to live and die like brothers for the welfare of each other. But scarcely would an hour or half an hour go by, when from one word, or one cup which one had got more or less than another, arose a great quarrel ; and those who a little before had been willing to praise each other to the heavens, both by word and writing, were abusing each other and pulling each other by the hair."* We have many descriptions of the vile and abandoned student-life of the period of Pennalism ; the following very lively one is from the pseudonymous Philander von Sittewald : \ " Meanwhile I saw a great chamber ; a common lodging-room, or museum, or study, or beer-shop, or wine-shop, or ball-room, or harlot's establishment, &c, &c. In truth I cannot really say what it was, for I saw in it all these things. It was swarming full of students. The most eminent of them sat at a table, and drank to each other until their eyes turned in their heads like those of a stuck calf. One drank to another from a dish — out of a shoe ; one ate glass, another dirt ; a third drank from a dish in which were all sorts of food, enough to make one sick to see it. One gave another his hand : they asked each other's names, and promised to be friends and brothers forever; with the addition of this clause, ' I will do what is pleasant to you, and avoid what is unpleasant to you ;' and so each would tie a string off his leather breeches to the many-colored doublet of the other. But those with whom another refused to drink acted like a madman or a devil ; sprang up as high as they could for anger, tore out their hair in their eagerness to avenge such an insult, threw glasses in each others' faces, out with their swords and at each other's heads, until here and there one fell down and lay there ; and such quar- rels I saw happen, even between the best friends and blood relatives, with dev- ilish rage and anger. There were also others who were obliged to serve as waiters and pour out drink, and to receive knocks on the head and pulls of the hair, and other similar attentions, which the others bestowed on them as if on so many horses or asses ; sometimes drinking to them a dishful of wine, and singing the Bacchus song, or repeating the Bacchus Mass — • vitrum gloriosum!' Kesp. ''Mild gratissimum V — which waiters were termed by the rest, Bacchants, Pennals, house-cocks, mother-calves, sucklings, quasimodogeniti ; and they sang a long song about them, beginning — 'Proudly all the Pennals hither are gathered, Who are lately newly feathered, And who at home have long been tethered, Nursing their mothers.' And which ends- 'Thns are all of the Pennals treated, Although they all are very conceited. * Schroder's Trumpet of Peace, 33; in Schottgen, p. 40; and compare Meyfarfs description, Appendix X. t Sixth Tale, Part i. Given by Schottgen, p. 35. THE GERMAN UNIVERSITIES. 45 " At the conclusion of these ceremonies and songs they cut off their hair, as they do that of a professing nun. From this, these students are called Scho- risten, also Agirer, Pennalisirer ; but among themselves they call each other gay, free, honest, brave, or stout-hearted students. " Others I saw wandering about with their eyes nearly shut, as if they were in the dark, each with a drawn sword in his hand, which they would strike on the stones till the sparks flew ; then would cry out into the air so that it would give one a pain in the ears ; would assault the windows with stones, clubs, and sticks, and cry out, Here, Pennal ! here, Feix ! here, Bech ! here, caterpillar! here, Mount-of-Olives-man ! with such a tearing and striking, driving and running about, cutting and thrusting, as made my hair stand on end. Others drank to each other off seats and benches, or off the table or the floor, under their arms, under their legs, on their knees, with the cup under them, over them, behind them, or before them. Others lay on the floor and let it be poured into them as .if into a funnel. " Soon the drinking-cups and pitchers began to fly at the doors and the stove, and through the windows so outrageously, that it provoked me ; and others lay there, spewing and vomiting like dogs." A second description of this abominable student-life is given by Schottgen, from a work published at Giessen,* which states that " the SchoristP, at the Pennal feasts, when they have eaten and drank to their satisfaction, are accustomed to carry off movables, books, manu- scripts, clothes, and whatever else they happen to find ; and, moreover, to be guilty of all manner of insolences, such as breaking down and destroying stoves, doors, windows, tables, and chests. "xVnd, further, the younger students have been made to copy all sorts of writings, to wait, to go of errands, even ten and twenty miles and more. If one of these maleferiata and Pennal-flayers happens to choose to have something copied, the junior must be at hand to serve as his scribe ; has he guests and friends with him, the young man must be there to wait ; is there any thing else to be done or to be obtained, or to be brought from any of the neighboring villages, the young fellow must go at his order, and be his servant, messenger, and porter. Does he choose to walk, the junior must attend as his body-guard ; is he stupidly drunk, the novice must not flinch nor budge from him, but must remain close at hand as if he were his master, must serve him and help him along the street. Is he sick, the juniors must wait on him by turns, so that he need never be alone ; does he wish for music, if the junior is skilled in it he must be his musician, all night long if he desires it. Is any thing else whatever required, the new-comer is set about it, and he must be forthcoming, even if he were sick in bed from his discipline, and at midnight. Does the older student get into a quarrel or a fight, the junior must carry his sword to him, and be ready for assiduous service in the matter. Would he gratify his vile desires with blows, the junior must suffer the blows and boxes on the * Schottgen, p. 46; from "Pennalismi Abrogatio et rrqfiigatio ex Academia Basso Lis- sena." Giessen, 1G60, folio. 46 THE GERMAN UNIVERSITIES. ear which come from his cursed and devilish passion ; must patiently endure the most shameful personal abuse, and must let the other work his entire will upon him as if he were nothing but a dog. In short, he treats him like a slave, after his own hateful will, almost more harshly than the harshest tyrants or most shameless men could do ; and what is still more, although these tormentors inflict the most un- endurable tortures upon these young people, they must preserve per- petual silence about it, and must not dare to open their lips or com- plain to any one, even to the academical authorities ; or otherwise they will never be 'absolved' and admitted to become students ; which threat terrifies them so much, that they would suffer the most severe and vilest shame and torment ten times over rather than to inform any one about it." We find a third description in a rescript of Duke Albrecht of Saxony to the University of Jena, in 1624.* He says: "Customs be- fore unheard of — inexcusable, unreasonable, and wholly barbarian — have come into existence. When any person, either of high or low rank, goes to any of our universities for the sake of pursuing his studies, he is called by the insulting names of Pennal, fox, tape-worm, and the like, and treated as such ; and insulted, abused, derided, and hooted at, until, against his will, and to the great injury and damage of himself and his parents, he has prepared, given, and paid for a stately and expensive entertainment. And at this there happen, without any fear of God or man, innumerable disorders and excesses, blasphemies, breaking up of stoves, doors, and windows, throwing about of books and drinking-vessels, looseness of words and actions, and in eating and drinking, dangerous wounds, and other ill deeds ; shames, scandals, and all manner of vicious and godless actions, even sometimes extending to murder or fatal injuries. And these doings are frequently not confined to one such feast, but are continued for days together at meals, at lectures, publicly and privately, even in the public streets, by all manner of misdemeanors in sitting, standing, or going, such as outrageous howls, breaking into houses and windows, and the like ; so that by such immoral, wild, and vicious courses not only do our universities perceptibly lose in good reputation, but many parents in distant places either determine not to send their children at all to this university — founded with such great expense by our honored ancestors, now resting in peace with God, and thus far maintained by ourselves — or to take them away again ; so that if this most harmful state of affairs is not ended and removed out of the way at the begin- * Dated Dec. 9; given by Meyfart, p. 205. THE GERMAN UNIVERSITIES. 47 ning, it may well happen that very soon no students whatever will be left in the place, and that this institution, which even in these careful and perilous times is so useful in advancing the glory of God, spread- ing abroad his name, which alone makes blessed, the promotion of all good and liberal arts, and the maintenance of spiritual and temporal government, which depends on them, may go entirely to ruin."* Much influence was exerted by a work upon Pennalism, entitled, "Christian Recollections of the Orders and Honorable Customs intro- duced in many of the Evangelical Universities in Germany, and of the barbarous ones now for some years crept in during these miserable times, by Johannes Matthseus Meyfart, Doctor in the Holy Scrip- tures and Professor in the Ancient University of Erfurt : Schleissin- gen, 1636." The author will be remembered by many readers by his hymn, "Jerusalem, thou lofty builded city," and by his two works " On the Heavenly Jerusalem," and " On the Four Last Concerns of Men." It may be imagined what the feelings of one who found such pleasure in the great themes of eternity would be in respect to the immoral and vicious courses of the students of his university .f In se- vere anger against it, he describes it in the coarsest terms, only caring to make his account true and comprehensive. His anger sometimes carries him beyond moderation, and even to injustice to the Lutheran Church ; but the substantial truth of his description of Pennalism is shown by its agreement with those of his con temporaries/}; Although in earlier times part of the students lived immorally, still new-comers could easily avoid them, and follow their own course. But during the ascendency of Pennalism this was substantially impos- sible, as appears by a letter of the well known Schuppius to his son, who was about entering the university. He says to him : " You may imagine that at the universities they sup clear wisdom up by spoon- fuls, and that no folly is to be seen in any corner, but when you come there, you must be a fool for the first year. You know that I have spared no pains or money upon you, and that you have not grown up behind your father's stove, but that I have carried you about from one place to another, and that already a great lord has looked upon you with pleasure and given you a place at his table. But you must for- get this. For it is a part of wisdom to be foolish with the age, and to give in to its manners so far as conscience will allow. Let yourself be plagued and abused for this year, not only in good German but in s^ng. When an old Wetterauer or Yogelsberg Milk Cudgel steps up * Luchtenius says of Pennalism, even in 1611 : " It cannot be said how it produces all manner of corrupt ways, destroys all discipline, and evidently cools down a love of learning." t Meyfart was born at Jena in 1590, and died at Erfurt in 1642. % Appendix X 48 THE GERMAN UNIVERSITIES. and pulls your nose, let it not appear singular to you ; endure it, and harden yourself to it. ''Olim meminisse juvabit? I warn you faith- fully against becoming yourself one of the gang of Schorists after the Pennal year is over."* Whether the son followed this advice after enduring the frightful Pennal life for a whole year, is very doubtful. " The end of the Pennal year," says Schottgen, " was the absolution ; in which a member of the whole Landsmannschaft 'absolved' them, after the conclusion of the year, and declared them real students. For this purpose the poor Pennal was obliged first to go round to all the members of the Landsmannschaft, and request them to permit him to be released from his slavery. If he found grace in their eyes, he had now to furnish an absolution feast. After this he was a student, and there forthwith entered into him seven evil spirits, who made him torment the Pennals just as he had himself been tormented." The various governments now undertook to put an end to these evils, but after a time they found that successful efforts were impossible singly. For if an ill-conducted Schorist were sent away from Leipzig, he would go to Jena, and be received with open arms by his com- panions there. For this reason several universities, as Wittenberg, Konigsberg, Marburg and others, associated together and made stat- utes in common against the practice.f Still they accomplished no more than other single universities with their innumerable prohibitions and severe punishments. In 1654, the German princes took occasion, at the Diet of Ratisbon, to procure the following ordinance :J " Whereas we have taken into careful consideration the severe and bitter afflictions, especially the bloody and wearisome war, with which Almighty God, in his justice, is disciplining our beloved fatherland and the German nation, together with other neighboring kingdoms and countries, and have still more ripely considered the causes whereby these evils have come upon a ^country and people so remarkably prosperous, we have found not to be the least, among other fearful vices which have come into vogue not- withstanding both the first and second tables of the Ten Command- ments of God, that most harmful and disorderly custom which has crept into the universities of Germany, called Pennalism ; by which certain young persons, reckless, wicked, evil-trained, and neglecting all Christian discipline, waylay in the most- scandalous manner those who come from other places to the universities from trivial-schools, paeda- * Schuppius 1 "Friend in Need? i. 252. + These statutes are given in Arnoldt (1.43S), and were confirmed by Elector George William. (Ibid. 444.) Schottgen (p. 140) givea the same information from the orations of Schuppius. % Schottgen, 149. THE GERMAN UNIVERSITIES. 49 gogiums, or gymnasiums, to acquire various learning in the classical tongues, liberal arts, philosophy, or in the higher faculties, as well as those who are born and brought up in the places where such univer- sities are, — who treat them barbarously, not only with insulting scoffing gestures and words, but with dishonorable and abominable abuses and blows, and often demand of them such service and waiting on as a rea- sonable master would hesitate to require from the least of his servants, — but also oblige these new students, at coming and going, and when- ever else they choose, to furnish them with feasts and entertainments ; so that the money which their parents, often with the utmost difficulty, in these times, when money is so scarce, have given them to maintain them through the year, must be squandered in one and another drink- ing-bout and feast ; so that many good minds are driven desperate by such ' exagitations' and ' concussions ;' and the result is, that many well- begun courses of study are obstructed, and parents disappointed in the hopes they have conceived, as well as the church, the government, schools and the commonwealth, deprived in the most unjustifiable man- ner of useful instruments."* But this ordinance in like manner failed of its effect ; and successful steps in the business were only first taken from 1660 to 1662. Saxony was first ; Pennalism being driven out from her universities of Witten- berg, Jena, and Leipzig, by the regulation that a student expelled from one of them for that reason, should not be admitted into either of the others. This example was followed by the universities of Ilelmstadt, Giessen, Altorf, Rostock, Frankfurt, and Konigsberg. In 1664, Elector Friedrich Wilhelm powerfully confirmed the Konigsberg anathema against Pennalism, by an edict, in which he expresses great indigna- tion against the mode in which students newly come to the university are "held in servitude for a year," and demoralized through and through. And he adds : " This vicious and disorderly life so well pleases the Pennals, that they forget their freedom, and take so much pleasure in their servitude, hard as it is, that they not only do not shame to recognize this slavery by assuming disreputable costumes and other outward distinctions and disgraces, but even hold them a credit ; and thus come to respect the usurped authority of their disorderly seniors more than the regular power of the established academical magistracy."! It was only after the extinction of Pennalism, which was finally de- stroyed about 1660, that well-meaning students could employ their time well at the universities. This appears by the following letter * This ordinance is followed by the prohibition of Pennalism issued by Duke Eberhard of Wurtemberg, in 1655. (Kllipfel, 1S4 ) t Arnoldt, i. 446. No. 16.— [Vol. VI. , No. 1.]— 4 4 50 THE GERMAN UNIVERSITIES. from Dr. Haberkorn, at Giessen, to Dr. Weller, April 6, 1661.* lie writes: "The condition of our university since we have utterly de- stroyed the Pennal system, is quiet and prosperous. The number of students does not decrease, but increases. The ridiculing and other features of the accursed Pennalism have entirely ceased, so that I hardly seem to be rector, although I yet hold that office. Many pa- rents thank God with uplifted hands, and wish our university much of the divine blessing. I remember to have earnestly urged your high- worthiness, at Frankfurt, to push your efforts to banish this hell-hound out of all the universities in the Roman Empire ; but that in spite of all the pains that could be taken, it could not be done. Now, how- ever, I doubt not your high-worthiness will make use of your great in- fluence and good fortune, to banish this deviltry at least out of the Saxon universities. For our example shows clearly that the object is proved practicable, and that the devil will fail of his purpose, however much pains he takes to maintain his kingdom of Pennalism." To return once more to the history of that vile custom. It has been observed that the old practice of the Deposition may have given rise to Pennalism, and that it was made a cloak for it; and also, that thoroughly organized societies of students made opposition to all dis- cipline, and this not only in single universities, but that there existed a league embracing several of them, which prevented the operation even of the severest regulations. These societies we have referred to as "nations;" but they had nothing in common with the " nations" of an earlier period. The lat- ter, as we have seen, were openly established and recognized corpora- tions, who elected procurators, took part in the government of the university, &c. ; whereas the "nations" of the 17th century corre- sponded to the " Land smannschaf ten." \ This is clearly shown by a " programme" issued by the University of Leipzig in 1654, at expelling a vSchorist. "From this," says SchottgenJ "we see that the Schorists had their ' nations,' and in them seniores, Jisci, and a fiscal officer ; that they had a correspondence with other universities, and that when one university would endure one of their number no longer, they pro- * Schottgen, 111. t It has been stated that Duke Rudolph organized four " nations" at the University of Vienna, M having taken that of Paris for a model. Each of these included students from the most dif- ferent and distant countries :— e. g., the Saxon nation included Treves, Bremen, and Prussia. The Landamanrtschaften, on the other hand, belonged to the countries after which they wero named. Thus, in the 17th century, at Tubingen, the students from Hohenlohe organized the New Wiirtomberg Land ' smannachafl ; those of Ulm the Danubia; those of Old Wiirtemberg the Wiirtembergia, and the Swiss the Helvetia. (KlUpfel, 293.) X Schciltgen, 103. The " nations" thus broken up at Leipzig, had no relation whatever to the four old " nations" which existed from the foundation of the university until 1830. THE GERMAN UNIVERSITIES. 51 vided for him elsewhere ; that they held those dishonorable who re- vealed any matter to the authorities, and persecuted them everywhere." From a similar document of November 13, 1659, we see in still greater detail, "that each 'nation' had its seniors, directors, fiscal department, and even its beadles, who held their offices by turns, some for a longer and some for a shorter time. New-comers had to submit to be * in- scribed' in one of these. They were cited before the Schorists, and their cases adjudicated ; and every one who according to this tribunal was guilty of any thing, was fined in money or in an entertainment. Any one who told tales out of school, or went to the authorities to complain, was held dishonorable." What a devilish sort of authority the "seniors" of these nations practiced, appears from an example given by Schottgen.* In 1639 a student named Holdorff complained to the prorector at Rostock, that " as his Pennal year was out some days since, and he was required to proceed to Copenhagen to enter into an employment there, he had gone to Hopner, as senior of his nation, and had asked to be absolved. He answered, however, that it had been decided in the nation that he must stay six weeks over his year ; and therefore he required him to stay. He went to him again and asked amicably that he might be absolved ; to which Hopner answered that he must remain, and should ; and that if he did not complete his year, and six weeks, six days, six hours, and six minutes besides, he would be sent for. He asked him a third time to absolve him ; but Hopner answered no less positively that if he did not stay, and went, he would surely be sent for." Hop- ner afterward cited Holdorff* before him, and because for fright he did -not appear, that senior and four others broke into his lodgings at night with drawn swords. As the tyranny of Pennalism was based on these nations, and oper- ated by means of them, Elector Friedrich Wilhelm, in the rescript already quoted, ordains with great justice, "that the most injurious system of Pennalism, as well as the national organizations, shall be wholly broken up and destroyed."! The truth of the further allega- tion in the same rescript, viz., that Pennals have become so corrupted by their disorderly life that they have forgotten their freedom, and take pride in their severe servitude, appears from the following fact. When the Elector of Saxony's ordinance against Pennalism in Leipzig was published in 1661, " more than two hundred Pennals got together, * P. 94. Schottgen took the account from a university protocol. t Arnoldt, i. 44S. The attempt made by the University of Konigsberg, In 1670, to legalize four nations— Pomeranian, Silesian, Prussian, and Westphalian— and to exercise authority over them, failed. Arnolds i. 261. 52 THE GERMAN UNIVERSITIES. and foolishly swore to adhere to the practice of Pennalism, and uot permit it to perish. They, however, soon thought better of it."* But were these associations destroyed, together with Pennalism, in the year 1662 ? By no means. We shall see that the Burschenschaft substantially put an end to Pennalism, although it may be said to have continued to exist in the Landsmannschaften, but not in its earlier coarse and abominable phase. VI. HlSTOUY OF THE UNIVERSITIES IN THE EIGHTEENTH CeNTUUY. A. Nationalism. — The Landsmannschaften. Pennalism, as we have seen, was based upon the national organiza- tions. When it was suppressed, in the year 1662, it was asked whether it was extirpated from the roots, or, in other words, whether these organizations also were suppressed ? The answer given was, by no means. It is, however, not easy to substantiate this answer by facts. The national organizations being strictly forbidden, it was necessary to conceal their existence by all possible means. The statutes of one of the Landsmannschaften, for example, provide that a new member, at his entrance, shall give his word of honor u that he will never reveal what happens at any time within the society, that he will always be diligently watchful against renouncers (students belonging to no so- ciety), and will never reveal that such a society exists, and will even endeavor to cause the contrary to be believed. But in case he shall be seriously questioned on the subject by the police or the rector, he must lie stoutly, and be willing to give up his existence at the univer- sity for the sake of the society."* In such secrecy, it is natural that the Landsmannschaften, as long as they were prohibited, should come to light only occasionally. We will give a few examples. In 1682, twenty years after the suppression of Pennalism, there arose a great tumult of the students in Leipzig, upon the prohibition of the national organizations by an electoral rescript, and it required the severest penalties to carry out the rule.f In 1717 there arose, all at once, at Halle, a multitude of Lands- mannschaften ; Meiners names twelve. They chose seniors and sub- seniors, and openly wore colors as marks of distinction, as those of the Marches of Pomerania, &c. These associations were immediately prohibited by a royal rescript^ The Landsmannschaften were forbidden at Rostock § in 1750, at * Haupt, 204. t Gretschel, 274. $ Meiners {History, iv. 103) says that tliese associations were in fact suppressed. But qucere. §Ib. pp. 163-174. THE GERMAN UNIVERSITIES. 53 Jena in 1705 and 1778, at Kiel in 1774, at Gottingen in 1762, at Er- furt in 1794, in Prussia and at Altorf in consequence of the decree of the diet of 1795. In 1810, when the Burschenschaft was organized, Landsmannschaften existed in most of the universities, and a contest took place between them and the Burschenschaft. From two of these academical prohibitions, it appears that Pennal- ism still survived in the Landsmannschaften. Thus the Rostock law of 1850 says: "Pennalism, that barbarous custom, barbarously named, having been driven into exile from our universities, for their good, let Nationalism also, with the evils which come with it, be put away from our course of education. Therefore, if any one shall attempt to set on foot any thing either of the name, or the thing itself, who shall assume the title of senior, . . who shall subject to himself new-comers or others, or annoy them, or shall exact money from them, even a penny, him we shall estimate altogether unfit to be a member of this academy." The law of the University of Kiel, of 1774, is still more severe: "Any one daring to introduce or establish the infamous custom of Pennalism, condemned and proscribed by all good and wise persons, or to call together seditious assemblies, or to set up the national socie- ties, or to annoy students lately come to the university, by the exac- tion of money, or entertainments, or other unjust treatment, shall be subjected to penalties, to be determined in each case, and shall be put away, as an enemy and traitor to the university." That Pennalism still prevailed in Gottingen, appears from a rescript of Miinchhausen to the university, of 1757; which directs care to be taken, "that neither shall newly arrived students, by the post or other conveyance, be made sport of; nor shall such students as use, for their own pleasure, to form the acquaintance of new-comers, and to that end to put themselves in their way, obtain them lodgings and strike up friendships with them, be permitted to practice such pie- sumptuous means of corrupting young persons.''* Elupfelf gives a striking sketch of the Landsmannschaften or Corps. "Each Corps," he says, "is divided into regular and irregular members, Corps-burschen, and Renoncen. Only the former are full members of the associa- tion, and form its nucleus ; the others, as their name indicates, are such as do not claim full members' rights, but attach themselves to the Corps for the sake of its protection and influence. In like manner the Renoncen are in a sort of novitiate, where every one wishing to join the Corps has to remain for a time, * Meiners, ii. 210. + Pp. 293-398. It must be understood that Kliipfel's description does not apply equally to all the Corps (Landsmannschaften National Societies), and much less to all their individual mem- bers. I know very estimable persons, and myself had excellent pupils, belonging to Corps of the better sort. But this does not impair the general correctness of his picture. 54 TIIK GKRMAN UNIVERSITIES. until he can claim full membership. Admission is attended with certain cere- monies, frequently with a sort of catcchisatiou on the Comment and principles of the association, the attaching a ribbon, the communication of the cipher of the association, and the kiss of brotherhood. At the head of the organization, and chosen from among members, for one year, stands a senior, a consenior, a secretary, and a number of special committeemen (weitere Ciiargirte), propor- tioned to that of the members. All these together constitute the council, which resolves absolutely upon all matters connected with the Corps, attends to its connections abroad, presides at its regular festivals, and to which the unconditional obedience of every member is due. Each Corps has, besides, minor distinctive peculiarities, to which it is a point of importance to adhere without variation. The various Corps are connected together by their com- mon object of maintaining the Comment, and of keeping up their fantastic and brilliant phase of student-life. The co-operation necessary for these pur- poses is kept up by the convention of seniors, and the convention of committee- men. These hold the place of supreme authority among the students, and seek to maintain their position by means of the rule, that every student who would have a voice in public matters must belong to an association and act through his Senior ; that the Convention of Seniors alone shall give laws, direct festivals, and put forth decisions ; and that any one opposing its deter- minations or disobeying its decisions on points of honor, &c, shall, by so doing, incur the condemnation of iufamy. " From these societies, and among them, there grew into existence a kind of student life, social among its members, and jovial to others. Their mem- bers had frequently been friends at the inferior schools ; each upheld all, and all each : the consciousness of belonging to an organization gave a certain con- fidence and freedom to their manners ; prominent and favorite persons, such as every Corps contained, planted and cherished a cheerful and bold spirit. At the same time, each society strove to outdo the rest in the splendor and solemnity of their society and anniversary feasts ; and there was always a mag- nificent display when whole Corps, with all their dependents, met at some fes- tival, and the society colors vied with each other in display. "But dangerous and grievous harms began to show themselves, derived from the Corps organ ization. "The Circuli Fralrum, or circles of brothers, were intended to be societies of intellectually educated young men, of an age most susceptible to lofty ideas, and who were summoned to mental growth in an atmosphere such as, when kept in motion by the flights of genius, will stimulate the noblest powers. But these circles became too exclusively mere open convivial societies of good- fellows, aiming chiefly at pleasure, and very often at exceedingly material pleasures, without any higher purpose, or broad and inspiriting beliefs. This emptiness and insipidity must, of course, very soon become irksome to intel- lects and spirits of the higher class. These would not suffer themselves to be hidden under showy externals and pompous public appearances. The brother- hood among the brethren of the societies, which was held upas one of the chief aims of the organization, was not always that true friendship so delightful to the hearts of the young, which forms a basis for lifelong associations, although the Corps-statutes expressly prescribe such ; for the real basis of friendship was frequently wanting, namely, true respect, arising from noble aims and goodness of character. The Corps was altogether unfit to be a school for such virtues ; the system of subordination to the seniors was opposed to noble im- pulses. The ambition of becoming one of that number perverted and destroyed friendship. The less the interest felt in intellectual things, so much the greater was the power of sensual influences; ami the principle adopted by the Corps, that the private life of a member was no concern of the whole body, as long as he did not endanger what the Comment held as their honor, inclined towards a tolerance in respect to morals which was only too well adapted shamefully to pervert the moral perceptions of a young man, and to lead him off into a vicious course of sensual and dissolute indulgence in which many have been ruined, but from which the Corps, as such, never saved one. " The state of feeling within these societies may be judged of from the pro- * A sort of constitution. THE GERMAN UNIVERSITIES. 55 visions in the statutes and the Comment, which require that any member hav- ing a venereal disease shall notify the fact at the beer-house (Kneipe), and shall suffer a penalty if he fight a duel while ill. It is demonstrable, also, that the Corps-festival often ended in mere orgies ; and many unfortunate and per- verted youth were first induced to procure membership and standing in socie- ties for the sake of their vicious indulgences. At Tubingen, it has happened that a whole Corps has become corrupted. This same low condition of morals is indicated more and more by the meetings at the Kneipe, where the beer- laws {Bier-Comment) were so easily made an instrument of vulgar drunkenness, and where the abilities of honor, as well of individual members of the same Corps, as of the different Corps themselves, was determined by the standard of their capacity for drinking, whose highest grade, that of Beer-king, was given for the ability to dispose of eighty pints (schoppen). " With this coarseness and even vulgarity of tone, which soon prevailed in the Corps, was connected the misuse of the Comment as a stimulus to duel- ing, and the bullying (pauksucht) and ' renowning ' which were its consequen- ces. No one was thought honorable except such as were ready to give satisfaction on the dueling-ground ; and he was a jolly respectable Bursch, and the pride of his society was such a one as had already fought many duels, and was known as a keen and powerful swordsman. To become such was the aim of their ambition. Quarreling, insults, provoking conduct, a touchiness carried so far as to be ridiculous, and innumerable duels were the consequence. To make up the full number of a hundred duels was the only ambition of many students ; and while learned studies suffered in this state of things, social life was an unpleasant existence upon a continual war-footing, in which those unacquainted with weapons were entirely defenseless. Indeed, to behave toward these last in a manner usually reckoned utterly dishonorable, was no prejudice to the honor of a Bursch, and to break one's word of honor to a Phi- lister was only a matter of sport. The societies were also in a state of constant excitement and irritation against each other. The privilege of changing freely from one Corps to another availed nothing ; for any one who had in- sulted one, was obliged, before he could enter another, to fight duels all round with the former ; nor could a new Corps establish itself on a received footing except by fighting itself into recognition. A continual rivalry, also, gave abundance of occasion for constant quarrels, which ended in duels for the honor of each man's country ; in which every member of the Corps, as the lot or the decision of the senior should determine, was obliged to fight for the honor of the society. In this manner it came to pass, lastly, that the whole body of students were, by means of the Corps, only divided into larger parties ; and that much the largest number had to submit to be tyrannized over by a minority of the members of the Corps, and even by a still smaller number, namely, the Convention of Seniors, which, as we have seen, was constituted by no means of the most respectable, but only of the most bullying of the students." With this description of Klupfel's may be compared the Comments of two of the Corps, given in the Appendix, and agreeing entirely with him.* The Comment treats chiefly of honor, how it may be pre- served, attacked, and regained when lost. The sword is the talisman of honor. Accordingly, much of the Comment discusses the duel, and how it may be occasioned and fought. Nothing is said of good morals ; and, on the contrary, more than one paragraph betrays how low was the condition of the Corps in this respect, and proves only too clearly the truth of Klupfel's description. This author cites, in another place, the technical terms of the societies. The Comment defines the names Fox, Braudfox, Young Bursch, Old * See Appendix III. 56 TIIK GERMAN UNIVERSITIES. Bursch, Mossy Head.* "Every student not a member of a society is a reuouncer." One not holding himself subject to the Comment was a "savage" or a "finch," and on such, when opportunity offered, pun- ishment was inflicted with a whip or a stick. "The Comment," observes Klupfel, "was probably modeled upon the ceremonial of the later chivalry and court life, as developed at the court of Louis XIV. Most of the French technical terms used in it are from this source."f Such words, in part in distorted forms, are numerous; including Comment, Comment suspendu, Satisfaction, Avantage, Touche, Secundieren, Renommieren, Benonce, Maltraitionen, Chargierte, (fecj According to Klupfel, the rapier with the plate- shaped guard came also from France.§ After the period of the dominion, and indeed tyranny, of the Lands- mannschaften, in the German universities, dating from the sixteenth century, there arose against them, in succession, two violent adversa- ries ; first the Students' Orders, and afterwards the Burschenschaft. The latter, as we have seen, definitely put an end to Penualism. B. Students' Orders. These arose about the middle of the eighteenth century. The first prohibition of them appeared at Gottingen, in 1748, and was repeated in 1*760 and 1762. || In the latter year appears the first trace of the same at Erlangen,^[ in 1765** at Tubingen ; in the same year, 1765, ap- peared the first prohibition of them at Jena, and another in l767.ff A third came out in 1795, in connection with an imperial edict against secret societies; and a similar one was then issued in the Prussian universities and at Altdorf.JJ In 1802, Meiners announces, with sat- isfaction, of Gottingen,§§ that "it is now some years since the strictest inquiry could detect any of the orders at our university ;" although he naively adds, in a note, that " within a very short period traces of an order have been discovered." An accident, as I myself remember, led to this discovery. A student was drowned, and in sealing up his * Comment (App. III.), § 16-22. For Fox, was used, in the seventeenth century, Feux. Schiittgen's very full list of nicknames of Pennals contains no other now used. The name Schorists, for students who have passed through their Pennal year, has also gone out of use. t Klupfel, 182. % Butmann would even derive Verschiss (dishonor), from verjus. § KHipfel, 1S4. The opinion of those who find, in the present students' duels, a trace of the mediaeval German chivalry, is contradicted by Kliipfel's view, which is certainly correct, of their French origin. There is a difference as wide as the heavens between a chevalier of the time of Louis XIV. and a German Bitter of the time of Hohenstaufen ; and as much between a duel upon a point of honor and a decision of God by means of a joust. 3 Meiners, " Constitution and Administration of the German Universities," 1 ii. 290. ^ Englehardt, 177. ** Kliipfel, 279. ft Meiners, ■ History;' &c, iv. 169. *t Ibid., 174 §§ Meiners, " Constitution;' 1 &c, ii. 802. THE GERMAN UNIVERSITIES. 57 effects, a list was found of names of members (Konstantisten). Thus the orders lasted until the first years of the nineteenth century. At the time of the rise of the Burschenschaft (1816), they seem to have disappeared. I find no record of any contest of the Burschenschaft with the orders, but only against the Landsmannschaften. What distinction existed between these Orders and the Landsmann- schaften or Nations ? There must have been one, because they were always at enmity. Meiners says that they had much in common in their organization, and that the orders differed from the Landsmann- schaften " only in that they admitted members without regard to their nationality." This was, it is true, one distinction, but not the only one ; a second was, the adoption by the orders of symbols analogous to those of the Free Masons. Thus, there were found, in 1765, "traces of a lodge of Free Masons among the students at Tubingen." Kliipfel says, " most of the orders in the universities were off-shoots of Free Masonry."* In like manner, Englehardt saysf that the Order of the Cross, founded in 1762, was organized throughout in the forms of Free Masonry. "In the place of assembly of the order, there was a basin with water, whose symbolic meaning was explained to those initiated ; a statue of friendship, and one of virtue, skulls, a cross of the older, with sun, moon, and stars, and a crucifix." The university senate reported, in 1767, that it had taken away some insignia of an order from some students, and that the orders, in spite of prohibitions, were universal, both in Erlangen and the other German universities, and that scarcely a student could be found who did not belong to an order. In 1770 the Order of Coopers was discovered, which held lodges, had degrees, and had a destructive influence.^ The Black Order, or Order of Harmony, arose in 1771, at Erlangen, and had members in Nuremberg and Coburg. Its grand lodge was in Brunswick. In 1797 were found in the papers of this order catechisms of the first, second, and third grades, with symbols having an euliical signification. ** The ceremonies of admission were adopted from the Free Masons, with whom the Black Order seems to have maintained very friendly relations. The statutes of this order named Pythagoras as their first known master." So much will serve to describe this order as such ; and it also appears that they were not confined to the universities, nor to students. The same was the case with the Constantists, who existed at Halle in 1786, and had afterward (about 1798), members in civil and military stations at Berlin. Their laws seem to have included Kliipfel, 280. t Englehardt, 178. % lb., ISO, 183, 1 SI. 58 THE GERMAN UNIVERSITIES. the reckless Jacobinical religious and political opinions; and the Prussian ministry believed " that the revolutionists sought to make use of the students in their designs."* From the foregoing, it seems that the orders were especially active in the second half of the eighteenth century, and only lasted into the first years of the nineteenth century ; that they were entirely distinct from the Landsmannschaften, having no regard for nationality, as the latter did ; having also symbols and degrees, and being in connection with orders outside the universities; neither of which was the case with the Landsmannschaften. Considering the existence of so essen- tial differences, it is not to be wondered at that the two organizations were in a state of bitter enmity. '©' VII. History of the Universities in the Nineteenth Century. Introduction. — My own Academical Experience. From the description of the Landsmannschaft and orders, I might pass at once to the Burschenschaft. But the question might justly be asked, Were there not, in these earlier times, some students who did not belong to these orders ; or would it not be worth while to consider them { There certainly were many such ; but it is difficult to find much in- formation about them, for the very reason that they did not swear to any standards or emblems, nor were organized as an associated body, under common statutes. They did not, however, live in entire isola- tion, but in friendly circles ; and they were united by a friendship which needed no statutes. These circles, moreover, had a very definite char- acter : a common ideal, common labor, endeavors after a common purpose. I have known several such circles, and have belonged to them. It appeared to me that a simple description of my own student-life will afford a more lively picture of such a circle, than to give an abstract characte:iz;ition of them. But the idea carried me further. Why should I, I asked, confine myself to my experience as a student ? Why not add that of my life as a professor ? I entered the university in the first year of this century, 1801, and from that time to 1854, with comparatively small intervals, I have lived in the German universities. Having been a professor since 1811, I have, as such, stood in close personal relations with the students, and have taken sincere and active interest in their weal and woe. I give, therefore, after ripe consideration, an account of all that was * The Jena ordinance against the Orders, in 1767, names the Orders of Hope (Esperance), that of Concord or of the Cross, the Coopers", and that of the Lilies. THE GERMAN UNIVERSITIES. 59 important in my academical life and experience, in chronological order ; having had excellent opportunities of consulting the best oral and written sources, and testimony on the spot, as to matters at a distance, and having observed the influence of whatever happened, upon the university where I might happen to be at the time. A. Going to Halle, in 1799. Preliminary View, Fifty-five years have passed since my first glance into university-life. I had left the Joachimsthal Gymnasium, at Berlin, and was going to visit my elder brother, Friederiek, then a student at Halle. He, and other previous school-fellows, took me with them to the lectures. There I heard, for the first time, F. A. Wolf, whose lecture-room was crowded full, and who made a profound impression upon me. I thought it very singular, during the lectures of Master Gute on Isaiah, to hear the poor old man every moment interrupted by " Pst !" on which, according to the custom, he was obliged to repeat what he had been saving. I also visited the figrhtino--rooms, where I was intro- duced to the greatest fighter and bully for the time being. He was a great stout Bursch, in very simple costume — shirt, drawers, monstrous pantaloons, and on his head a lofty sturmer, i. e., a three-cornered hat, with one corner brought forward to protect his eyes. This ogre made such an impression upon me, that I was at the trouble, some years afterward, of inquiring what had become of him. I found that he had become tutor in the family of a miller, where he had every thing free, and a fixed daily allowance of nine pots of beer. There could scarcely be a greater contrast than after this visit to the fighting- room, an excursion which I took on the Saale by moonlight, in listening to the melancholy notes of the French-horn at a distance. This short visit to Halle was a foretaste, indeed, of all the pleasures and sorrows which I experienced there some years later. B. GOTTINGEN. Faster, 1801, to Faster, 1803. I left the Gymnasium at Easter, 1801, and went, in company with my friend, now Privy Councillor of Finance, Sotzmann, to Gottingen, by way of Thuringia. We passed through Weimar. JIow glorified, to my youthful imagi- nation, did every thing appear in this home of the greatest genius of Germany ! I watched everywhere for Goethe, Schiller, and Herder. I had, however, only the pleasure of becoming acquainted with the latter, my father having given me a letter of introduction to him. He 60 TFIJE GERMAN UNIVERSITIES. received me in a very friendly manner, and invited me to supper, where I found Consistory-Councillor Gunther. It may be imagined how I hung upon every word from Herder. Fifty-three years have passed since that evening, but I can yet hear his observations on the idea of character. As he was in the habit of doing- in his writings, he did orally ; beginning with the word itself, as derived from x a ? aa ^ iv ^ &c. From various remarks of Herder and Gunther, I saw, with sor- row, that there was a division among the heroes of Weimar ; a division with which I afterward became acquainted from Goethe's " Truth and Poetry from my Life." As I write this title, I lose all courage to give a more detailed account of Herder, in thinking of Goethe's incred- ibly correct and most masterly description of him. On arriving at Gottingen, I took lodgings in the house of an instru ment-inaker named Kramer, which I mention for a reason that will soon appear. My father intended me for a jurist. I commenced my studies by attending lectures on the Institutions, from Councillor Waldeck, taking notes industriously. At the same time I procured a book then uni-. versally used, Hopfuer's Institutions, and made use of it in studying, along with my notes on Waldeck's lectures. To my astonishment, I found such an entire agreement between the book and my notes, that I gave up taking notes at all, but took Hopfner to lectures, to follow along in it. Unfortunately, I sat pretty near the lecturer's chair, and Waldeck espying my book, his keen eyes recognized it. To do this, and to break out into the most violent and pitiless attacks upon Hopfner, were the work of the same moment. My situation was not the most comfortable, as I had not the remotest intention of provoking old Waldeck. He did not, however, lay it up against me, but was very friendly, when I attended his lectures on the Pandects, in the winter term, and afterward gave me an excellent testimonial, earned, how- ever, with infinite discomfort. He lectured on the Pandects three hours daily! He belonged entirely to the old school of jurists; his edition of Heineccius' Compendium of the Institutes is now used only at Coimbra. In the summer term of 1802, I attended the lectures on civil law of one who prepared the way for the subsequent school of Savigny — namely, Hugo. His lectures, in connection with which we had ques- tions in jurisprudence to solve, we t re marked by critical acumen ; and his relentless controversial powers, not seldom directed against Waldeck as a representative of the old school, did not at all displease us. Hugo also wrote the sharpest reviews in the Gottingen papers, otherwise chiefly of a neutral character. I remember one such, an THE GERMAN UNIVERSITIES. 61 attack on Mai Wane's Pandects, under which a reader had written u Hunc tu Romane cavcto."* In 11137 fourth jerm I turned my attention, with my father's consent, to political economy, attended Sartorius' lectures on politics, and studied for myself, Smith's celebrated work on the Wealth of Nations. These, my professional studies at Gottingen, I pursued, in truth, not with much love of them, but still constrained myself to a considerable degree of industry. In each term I attended one or two courses not juridical. Thus, for two terms I attended the valuable mathematical lectures of Thi- baut, brother of the celebrated jurist; and applied myself with the greatest assiduity to algebra, in which my friend Sotzmann gave me the most faithful and patient assistance. At another time I attended Blumenbach's lectures on natural his- tory. Most of his hearers cared little for any knowledge of the sub- ject, but attended for the amusement of the entertaining accounts — of shaved bears, earth-eating Otoinaks, &c. — which he used to narrate with superabundant humor. After the lecture we often went to Putter's house, where we were entertained with a quartette, in which he himself played first violin. The excellent old man used to be pleased to have us for an audience. I also attended Blumenbach's lectures on mineralogy, without hav- ing the remotest idea that I should ever myself become a professor of natural history and mineralogy. A course by Fiorillo, on the history of art, was very instructive, al- though he did not speak German very correctly. Thus he would say, that " in this century there arose a fury for spires ;"f meaning a passion for building them. His principal subject was the history of painting. He described the various schools of painting, and the most celebrated artists of each ; mentioned the localities of the chief works of each master, and exhibited copper-plates of the most remarkable. In connection with Fiorillo's course, I made excursions to Cassel, only five miles distant. Tischbein, director of the valuable collection of paintings there, was very kind in giving access to them. I became quite intimate with Hummel, from Naples, a shrewd and agreeable man.]; In Gottingen I made the acquaintance of Riepenhausen, the engraver on copper. His two sons, both known as artists, and of whom one is * Savigny has given an excellent account of Hugo. t The mispronunciation cannot be transferred to English. — [T/uns.] % Napoleon had the Cassel gallery carried to France, and its finest pictures, such as Claude Lorraine's Four Hours of the Day, were made over to the Empress Josephine, at Malmaison, and afterward were taken to St. Petersburg by Alexander. 62 THE GERMAN UNIVERSITIES. yet living at Rome, were my friends. Among the works of the father are his widely known copies of Hogarth's pictures, to which Lichten- berg wrote an explanation. Eiepeuhausen possessed a treasure of Durer's engravings, from copper and wood, then valued only by a very few amateurs, and consequently not so costly a luxury as at present. The oftener I examined these, the more I liked them ; and now I can- not look enough at the St. Jerome, the Hubert, the Melancholy, and many others. My elder brother, a student before me in Gottingen, was well known to Music-director Forkel. I inherited the acquaintance, and the more easily, as he and I lived in the same house. At this time he stood quite alone in the musical world. A scholar of Emanuel Bach, of Hamburg, he had an unbounded reverence for Emanuel's father, the great Sebastian Bach, and played his compositions for piano-forte and organ in a masterly style, after the manner which had descended from him.* Almost all other music was strange and unpleasant to him, and his over-severe criticism upon the celebrated and splendid over- ture to Gluck's Iphigenia in Aulis, gave dissatisfaction to many, and with good reason. This criticism would, of course, be unfair, because Forkel judged of all music, even Gluck's, by the pattern of that of Sebastian Bach. One who should take Palladio for the normal archi- tect, or Michael Angelo for the normal painter, would judge wrongly of the Strasburg Minster, and of Correggio. Thus, as Forkel disliked all the universally liked modern music, the friends of it disliked him ; and many left him, also, because they were entirely unable to com- prehend Sebastian Bach's compositions. By means of my brother, I took piano-forte lessons of Forkel. He made me begin, not on his grand piano, but on a common Silbermann's instrument, with learning the touch, and the production of a pure tone, and then proceeded to exercises, and thence to the " Inventions" which Bach wrote for the piano. I studied, also, modern languages. I took French lessons of a French abbe, who, with undoubting self-sufficiency, considered French literature elevated high above that of all other nations. He hardly knew what to say when I praised Shakspeare — that *• monstre" I re- member how, once, he was almost beside himself at my translating to him a passage from Lessing's " Dramaturgy," beginning with the words, "Let any one name to me a composition of the great Corneille which I cannot improve. What will you bet?" "Who is this Monsieur * Forkel published several collections of Sebastian Bach's compositions for the piano. But the works of this profound master were not vahn-d by the public at largo, until Mendelssohn, in 1828, summoned to life some of them, which had slept as silent as dt-ath, in manuscript, for a hundred years. THE GERMAN UNIVERSITIES. 63 Lessing," lie asked, "who dares to come out in this way against the great Corneille ?" And the explanations which Lessing added could not satisfy him at all. I learned Spanish with the theologian Tychsen, who was long em- ployed in the Escnrial ; and with the friendly and thorough Beneke, I read Shakspeare. With my love of art was connected also love of nature. In every vacation I used to take journeys. At Whitsuntide, 1801, with Meckel, the anatomist; Luden, the historian; and some other friends, I visited the Hartz. There was collected on the Brookes a cheerful company of some forty students from different universities. In the Michaelmas vacation of 1801 I went to Hamburg; at Easter, 1802, to Berlin; at Michaelmas, 1802, to Switzerland, and down the Rhine, from Basle to Coblentz. As appears — or ought to — my jour- neys were mostly on foot; as, fortunately, the seductive railway was not in existence; — fortunately, I mean, in reference to the journeys of students. Not that I would have them, as I did in my youth, plod through the sandy deserts of the Mark, Pomerania, and Luneburg, on foot ; although even those routes have their enjoyment when traveled with congenial and cheerful friends, who, in spite of wind and weather, bad roads, and worse inns, remain courageous and cheerful, and never despair as long as the money lasts. But I heartily pity those students who go from Frankfort to Basle by railway, and see all the magnifi- cence of the Rhine and its beautiful mountains, with their castles, and strong old towns, flit swiftly past their eyes without leaving one single fixed and clear picture. The custom of students' journeys began first to obtain, as for as I know, in the beginning of this century ; especially long ones. When, in the Michaelmas vacation of 1802, I went from Gottingen to Stutt- gart, with four acquaintances, and challenged them there to proceed with me to Switzerland, the thing seemed to them impossible. They were so tar from accepting my proposal, that one of them made a wager with me that I would not enter Switzerland. I won the wager. Traveling is of the greatest value to students. How otherwise could they use their vacations ? Most of them go home. The more indolent of them are often an annoyance at home, and even to the whole neighborhood, by their foolish tricks, and return, tired out, to the university, having learned nothing in the vacation, but forgotten much. And even to the industrious, the season is not one of active exertion. They probably do not desire to be entirely at leisure, and often fall into an unfortunate way of half working and half not, in which their heart is only half in what they do. So they return to the 64 THE GERMAN UNIVERSITIES. university without being either satisfied or refreshed with their vacation. The case is far otherwise with students who spend their vacation in traveling. To begin with a very obvious remark, it is a good thing that the money which others often waste so uselessly, should be spent in a pleasure so elevating as that of traveling. Traveling — that is, of industrious students — makes a pause in their studies, so that they do not work, year in and year out, like soulless machines wound up and set going. This pause, moreover, is not a useless, wearisome, and enervating idleness; on the contrary, traveling necessarily excites a most vivid activity of mind; for the traveler can- not be satiated with examining all the beauty which appears every- where, in nature and art. I shall never forget how 7 overpowering was my first impression upon seeing the Alps, the Rhine country, the ocean ; and the Strasburg Minster, the cathedral of Cologne, and many other such things. All such things are deeply impressed on the mind of the youth, and he collects in his memory a treasure of splendid pictures which he can recall with pleasure in after years, perhaps when unable to leave home. How he will learn, also, in such journeys, to know his beautiful German fatherland, and to love it with youthful affection ! But enough of traveling, the pleasure of my youth, and by the memory of it, of my old age. Having sketched the bright side of life at the University of Gottin- gen, I must not hide the dark side. Whoever has read, with attention, Meiners' " Organization and Management of the German Universities," has found an account of this dark side in the former clays of Gottingen. The book appeared in 1802, when the author w r as prorector there. His description throws the strongest light upon the traits of the University of Gottingen ; and how does he begin ? What does he say, for instance, of the students ? He speaks especially of those from leading families; who, he thinks, give tone and character to the university. As at that time such young men "of condition" studied almost nothing but jurisprudence, this fact seems to have been the cause of Meiners' statement, that in Ger- many jurisprudence "undeniably held the highest place, medicine the second, theology the third." Meiners discusses the duel like a pedant trying to appear a man of the world, and therefore quite unable to " touch the honor 1 ' of those of high condition ; and, indeed, having more consideration for that than for his own duty as magnificus. He repeatedly uses the term "a young man of condition," in speaking of challenges and duels by such persons. His tone is very different in speaking of the poor students of his THE GERMAN UNIVERSITIES. 05 third faculty, the theological. "At our university," he says, "the period seems to me not far distant, when it will be universally con- sidered not only punishable, but ridiculous, for future teachers of Christ's religion to be demanding satisfaction with the sword for insults received." These future teachers of Christ's religion, then, were at that time never persons " of condition."* Among other objections to the examinations at Gottingen, Meiners cites this : that the wealthy would go to other universities to escape them ; and that they would occasion "still fewer well-born and wealthy young men to devote themselves to the sciences than heretofore." But he says nothing against the half-yearly examinations of the poor beneficiaries (mostly theological students). While he is very tender of all considerations which might restrain the wealthy and well-born from studying at Gottingen,f he gives advice, on the other hand, for preventing the poor from attending the university. " Even a mod- erate number of industrious young persons," he says, " with whom no fault can be found, who cannot support themselves through the course, are a great evil." Meiners' remarks on gaming, as follows, are also characteristic : " Playing hazard will never be stopped at universities where many wealthy young men of family are gathered together. . . . Sons hear and see it going on from their earliest childhood, and imitate their fathers in it as early as possible. ... A few years since, certain persons convicted of playing hazard, declared before the court that they had played the game from their childhood in their parents' houses, that they thought it justifiable, that they knew no other game, and that they should continue, when they had leisure, to play it ; and they were content to suffer the legal penalty for it when dis- covered. Even tutors believe it to be a good plan to play hazard under proper oversight— on the principle of acquainting young people with such games, and of teaching them early to play with moderation. "% Every count sat, at lecture, at his own table— the " count's table ;" they were addressed separately, at the beginning of the lecture, by the title of "High and well-born lord count," and paid a double fee.§ These quotations sufficiently show that, when I came to Gottingen, students from high families did actually give tone and character to the university. This shows why Meiners laid so extraordinarily much stress on the behavior of the students ; caring more for the varnish on their education than for the education itself. He would have the way of thinking of the high nobility prevail at the university ; and hence his opinions on the duel, playing hazard, &c. In like manner he * Meiners afterward adheres to the unanswerable judgment upon the duel, given by bis col- league, the theologian Michaelis. + Even his opinions on the duel clearly indicate this delicacy. + Meiners, 280. § Meiners, 1S9. He mentions, also, ether privileges of counts; such as the entering their names at coming in a separate book ; having a .seat before the court, &c. No. 17.— [Vol. VI., No. 2.]— 5 5 GQ THE GERMAN UNIVERSITIES. expresses himself, with remarkable tenderness, in disagreement with the strictness of the Gottingen academical laws, not only against wild howling in the streets, but against singing; against cries both of pereat and vivat. According to him, the whole university ought, like the single stu- dents, to be always careful of its manners, and never be disagreeable to any high personages passing through it. I had, unfortunately, an opportunity to become well acquainted with the dark side of this varnished academical outside behavior, by means of a very dear school-fellow who went from the Gymnasium, a year before me, to Erlangen, and thence, the next year, to Gottingen. Through him I became acquainted with some students who, as indeed gradually became apparent to both of us, lived in a manner altogether vicious. Nothing was at first perceptible, except that they were pas- sionate hazard-players. As to Meiners' remark, that it is not strange that the sons of good families, who have, from childhood, been used to see their fathers playing, should bring a fondness for it to the univer- sity with them, the case was exactly reversed with me. I was earn- estly warned, by my parents, against dissipation ; but they never thought of warning me against playing hazard, for the game never entered into their minds. Thus it happened that I was led into play- ing. The o-ame did not seem to me a sin, but a matter of indifference. But what a life did it lead me into ! The passion got entire possession of me, and made me indifferent to every thing which I had before loved most. It was as if my heart had frozen to ice within me. I thank God, that after a little, I had the great good fortune to have ill-fortune at play, which brought me to reflection upon this unholy and devilish occupation, and caused me to make a fixed resolution to give it up at once, and forever. At the gaming-table I found out how terribly vicious were the lives of these men — most of them being loathsomely syphilitic. God pre- served me from any dissipation in that direction, however, by means of the advice which my father had impressed strongly on me, and the fearful warnings which I saw before my eyes. And yet these men belonged to that "well-born" class who passed for refined people, who understood good manners, and who were everywhere invited to par- ties, and who shone in them. My glance into this abyss of moral destruction made so profound an impression upon me that, for a time, I even shut myself up misan- thropically from everybody. It still remains with me, and subsequent experience has strengthened it. It may be imagined how much pleasure I received when the Burschenscka/t took ground earnestly and THE GERMAN* UNIVERSITIES. 67 strongly against such abominations ; and how decidedly I thought it my official duty, as professor, to speak everywhere in favor of that body. To my encouragement, I found an exceedingly true friend, al- together the opposite of these roues ; an anima Candida, the true son of his mother, remarkably interested in his profession, that of juris- prudence, and moreover, a competent mathematician. This was the present Senior of the University of Tubingen, Chief Councillor of Jus- tice von Schrader. Not to conclude the account of my Gottingen experiences with a discoid, I will mention an occurrence which put me into the greatest excitement. This was the coming of Goethe, who, in the summer of 1801, went to Pyrmont by way of Gottingen. Scarcely had it become known that he had taken lodgings at the Crown Inn, when we, his enthusiastic admirers, determined to give him a vivat, at the risk of being taken up by the catch-poles. We agreed to meet in the evening, before the Grown — Achim Arnim,* Kestner,f Blumenbach's son, with others, being the most active. We were all punctual at the moment. Arnim commenced the vivat, and we all joined in right heartily, but thought best instantly to scatter in every direction/); On his return from Pyrmont, Goethe spent a longer time in Gottin- gen, lodging at Kramer's house, where I myself lodged. Though this delighted me much, I was still too diffident to approach him, though I saw him often. One evening he took supper with some professors and students, at a club, presided over by Bouterwek and Reinhard,§ and which had been sportively named the Improvement Club. Some pedantic, stiff professors gave us to understand that it did not corre- spond with this name, that we gave Goethe's health, with cheers, at table, although it was done with great enthusiasm.|| * In the summer term of 1S01 I was much with Arnim and Brentano; hoth bad been my friends at school. t This, I believe, was the same who died at Rome two years ago, universally lamented. We called him Lottiades, for a reason which appears from his mother's correspondence, the publi- cation of which, by my dear friend, Councillor 11. "Wagner, was so much disliked by many persons. % I was much pleased to find this virat mentioned by Goethe (Work$ % 1S40, part 27. p. SIX lie says, '• Putting up at the Crown, in Gottingen, I observed, as twilight came on. a movement in the street: students came and went, disappeared in side streets, and appeared again in groups. At last there arose, all at once, a friendly meat! and in a twinkling every thing was silent. I was informed that such demonstrations were prohibited, and was the more pleased because they had only dared to greet me from the street, in passing by." So little did the cura- to .- perpetuus of the University of Jena sympathize with this over-scrupulous prohibition 1 § Editor of Burger's Poems. I Goethe's Works, xxvii. 92. He gives a very ludicrous account of a night-scene at Kramers house, when, between the barking of dogs and Miss Kramer's practicing trills, he fell .almost into despair. I have often heard the singer, my fellow-lodger. 08 THE GERMAN UNIVERSITIES. C. — Halle. At Easter, 1S03, I left Gottingen and went to Halle, the reputation of which was then very high, on account of the celebrated physician, Reil, and F. A. Wolf. I had labored excessively at Gottingen. The library, access to which was made very easy to me through Beneke's friendly interposition, had betrayed me into an immoderate amount of reading. Some recreation was absolutely necessary for me. This I found, by hiring a summer lodging along with friends, among whom were some previous school-fellows. We fixed ourselves in the house known as The Bunch of Grapes, beautifully situated, between Halle and Giebichenstein, whose garden looked down from a height upon the Saale. We occupied ourselves mostly with reading some of the great poets. We formed a society, which we called by the somewhat doubtful name of the ^Esthetic Society ; whose members applied them- selves in part to philosophical studies, and in part to poetry. We met weekly, and contributed in turn, manuscript articles of the most vari- ous kinds — historical, aesthetic ; some poems, translations, prose and poetical. We reckoned ourselves of the school of Sehlegel. With him I had previously, while at the Gymnasium, come into contact in a singular way. Kotzebue had written his "Hyperborean Ass," a satire on the brothers Sehlegel. One of our teachers, who hated the broth- ers, committed the mistake of reading this composition to us in the class. How this should have appeared to us as it did, when our teacher was so high an authority to us, I do not know. But as we did not like it, he himself permitted us, after it, to read A. W. Schle- gel's answer to it, " The Triumphal Arch of Hen von Kotzebue," and then the various writings of the romantic school, of Tieck, Wack- enroder, Novalis, 108 THE GERMAN UNIVERSITIES. every insidious attack, from the very beginning, in thy justifying name, Jesus !" Before the Wartburg festival, Sand composed a short paper, which he distributed there. It agreed, substantially, with the statutes of the General and Jena Burscheuschaft. Virtue, learning, fatherland, is its motto, and freedom its chief object. " In pious simplicity and strength, with upright courage, let us follow in the traces of the holy revelation of God." Every effort is to be consecrated to the German fatherland. A General Burscheuschaft, but without any oath of association. Such were some of its leading thoughts. The chief idea of the Wartburg festival was, " We are all, by bap- tism, consecrated to the priesthood. (1 Peter, ii. 9 : * Ye are a royal priesthood, a holy nation.') That is, through our high consecration, by baptism, gospel, and faith, we are all placed in the ministerial office; and so long as we are consecrated to our divine Master as valiant and active servants, there is no other distinction among us than that of our offices and labors; we are all spiritually free and equal." (pp. 126-132.) We have seen that Sand was on the committee of management of the Wartburg festival. From that place he went to the university of Jena. Here his inward strifes came to an end. The theologian would call them strifes between nature and grace; for man cannot serve both — one master must be supreme. These struggles, though ending, ended in a very sad manner. The diary shows clearly his gradual circumvention and conquest by evil. Gradually — for at first, the rude and reckless unchristian life, which he had not before encountered, seems rather to have strengthened than weakened his faith. At first he is only surprised. "Jena," he writes, November 9th, "has its wise men." He found friends who contended, with much zeal, " against the understanding of the Bible maintained by the orthodox theologians." November 16, he writes: " I heard from N. a stupid, malicious sermon. ... He spoke so shame- fully against the awakened faith of late grown up, and in favor of a cold ration- alism, that I was enraged." (p. 135.) In the same month he writes intelligently to a friend,* " You seem to me ... to have departed from your former plain, and pious, and powerful faith, and to have taken up, instead of it, the sentimental and credulous opinions, if I may so describe them, of the priests. Do you not. yourself, find that you vary more and more from the firm and strong beliefs which were those of our Luther, and are gliding into this unchristian pietist way, who neglect that dearest of all earthly objects, our country, and who scoff at German Christians, including us in our country ? I pray you, do not. on this point, believe any longer the ' inner voice' that you profess to have, if it is to withdraw you from * Von Plebwe, a captain in tjie Prussian service. THE GERMAN UNIVERSITIES. 109 the powerful faith which makes ns free, and which our Luther possessed. Try this voice, whether it is agreeable to the Holy Scriptures ; for the devil seeks to rob us entirely of the kingdom of heaven ; and most, when we are suscepti- ble of believing." (pp. 186-188.) A comparison of these sentiments, so lucid, and so modest, in the best sense of the term, with many of those previously quoted, so con- fused, and visionary in the worst sense, leaves us to the belief that scarcely any young man can be cited of such inconsistent views. It seems as if poor Sand, in the last words just quoted, had expressed a presentiment of the evil that threatened him ; although it came upon him from a direction opposite to pietism. He writes again, on the 18th of November: "The devil knows how he would despoil me again of my Christianity" (p. 139.) On the 31st December, Sand prays : " gracious God ! permit me to begin this year with prayer. At the end of the last year I was more thoughtless and out of temper than before. On looking back, I find myself, to my sorrow, not to have become better or more perfect, but have only lived through so much more time, and had so much more experience. Lord ! thou wert always with me, even while I was not with thee ! It almost seems as if thou hadst, during the storms of these latter years of the spring of my life, changed all my previous love to faith ; at least, in all my needs, I feel Jesus Christ right near to me, and build upon him ; and he alone is to me always a sufficient and constant encouragement, a place of refuge for my fears, and a central point for free and powerful efforts. Through him I feel myself, above all things, made right free ; and I have learned to know freedom as the highest good of humanity, of nations, and of my father- land ; and I shall hold fast to it." (p. 144.; At the beginning of the year 1818, he prays, again, " God ! let me hold fast to thy salvation of the human race through Jesus Christ ; let me be a German Christian, and let me, through Jesus, become free, peaceful, confident, and also persevering and strong." (p. 147.) But, at the same time, he writes: "It is all over with devotees. What is needed now is action." A letter of the end of March, 1818, to CI , indicates a still greater departure from Christian simplicity. In this he says : " I cannot charge myself with being a doubter. It would be to me the most fearful of all things, to be feeble or indeterminate. "And yet there is one thing which distresses me; which has, for a long time, had power to cool my warmth, and with which you must be made ac- quainted ; in regard to which I may, perhaps, receive from you an impulse toward a more fixed belief. " During last summer I attained a real fixity in my convictions npon the subjects of highest importance to us. My faith became more firmly grounded ; I desired, even if I could do nothing more, at least to be a real Christian and a real German. Trusting confidently, in all things, to the grace of Our Father, I was free in my belief, always courageous, and could go with firm steps in the road which my will and my reason had chosen. Love excited me to action, prevented me from becoming stupefied, and rendered me decided, firm, and peaceful in all matters that concerned me. Thus I experienced, in reality, the blessedness of faith, expressed it in my sermons, and could, with truthful- ness, encourage others to faith. " Since my coming hither, into a world wider, and quite different in all its 110 THE GERMAN UNIVERSITIES. peculiarities and chief traits ; since I have seen, in many whom I love, too much of the northern modesty, and have heard the sphere of my own beliefs described as visionary by others, who yet discourse upon faith ; and since, be- sides other books, I have, chiefly by your means, become acquainted with Herder's views, it has gradually come to be with me otherwise than before. At first, my attention was excited only ; after, what I heard was repugnant to me ; sometimes I was confused within myself, and on the whole, I am at least colder and less courageous than heretofore. '•In truth, so much is my firm determination; that reason shall be my Supreme rule; I would possess not a visionary, but a pure and sound faith ; and even if I hold to my former beliefs, I must be able to make them out as clearly sure and sound. I have always reverenced in Jesus the highest and most beautiful picture of our manhood ; but to consider him a mere ordinary man, seems to me, now, too desolate and harsh. " I will not willingly renounce reason and understanding ; but it makes me cheerful and happy, and certainly does not impede me inaction, to reverence in the great Teacher of the eternal God, a constant helper, a divine brother, who kindly makes up for the deficiencies of the world and humanity, who raises us above a system of legality. Did he now die for himself alone, a hero for the sake only of his own opinion ? Did he merely bear witness to the truth of his instruction, without intending to purchase a great benefit for men F" (p. 148.) In a second letter to the same friend, he says : " But you know that, by little and little, my whole system of beliefs grew continually darker, and that I was almost entirely fallen into a blind dependence upon ancient formulas of belief, giving up my own independent faith ; and you know how I have come into this condition mainly by your means." (p. 154.) But on the 5th of May, the unhappy fruit of the refinements which drew him further and further from a pure Christianity, comes clearly out in these words of his diary : " Lord, to-day again this so miserable unhappiness has sometimes attacked me ; but a steady will and steady occupation solves all, and helps through all, and the fatherland be- comes a source of pleasure and virtue. Our God-man Christ, our Lord, is a picture of humanity that must always remain beautiful and peace- ful. When I reflect, I often think that some one, courageous beyond himself, will undertake to drive a sword into the vitals of Kotzebue, or some other such traitor to the country." (p. 150.) In the same month of May, 1818, Sand became acquainted with one K r, a pupil of Hegel, who made a deep impression on him by his cunning frenzy, and carried him quite beyond control. To understand this K r, and his influence on Sand, it will be abundantly sufficient to quote what the latter writes in his diary, October 20, 1818 : " K r came in in the evening, and was healthy, noble, and free, clear and firm, immovable, and consistent in his views. He told me how he had formerly had such misgivings, but how be was now completely free from them, and how he was consistent and clear on the question of religion. Heaven must be boldly taken by storm ; all stain of sin, all distinction of good and evil, must completely disappear from before the soul, as an empty and false show ; and then will the soul vanquish men, earth, and the mansions of heaven ! Only in unity is there blessedness, to him, in equal and everlasting rest. But he respects every brother as near himself, and recognizes him. as a complement of himself. Yet he is free above freedom, and has another home besides the fatherland. He knows how to seek it, and is firmly determined to do so. I seem to him pious, as well as near to him, and recognized as such : I was pious in the sight of God, and would remain so ; and I desire to be holy only in comparison with the world ; not in my own eyes. If he can seem holy in his THE GERMAN UNIVERSITIES. Ill own eyes, let him do so— I must remain behind. But he vowed freely that he would undertake to maintain such a character continually, or that he would disappear, a wretched mass of dross. Thus he acts not for himself, but fur all of us, since we are all one spirit, — a pure spirit. And all this he said so clearly, so loftily, with a peacefulness so powerful as I never saw. I lost all feeling of strangeness, and was drawn to him as a brother in freedom. God help !" (pp. 168, 169.) The contrast between Sand and K r comes out more strongly in the following important extract from his diary : " November 2. Victory, unending victory ! To will to live according to my own convictions, in my own way, with an unrestricted will, beyond which nothing in the world pertains to me before God ; to maintain, with life and death, among the people a state of pure uprightness (that is, the only condition consistent with God's commands), against all human sentiments ; to desire to introduce, by preaching and dying, a pure humanity among my German nation. This seems to me altogether another thing from living in renunciation of the people. I thank thee, God ! for thy grace. What infinite power and blessing do 1 discover in my own will ; I doubt no more ! This is the condition of true likeness to God." (.p. 170.) A letter to his mother contains expressions quite similar. In this he says : " K r, as you correctly judge, seems to me an acute and powerful mind ; for he has deep and firm convictions, and an individualized and powerful will ; and thus has the impress upon him which we derive from God. But his con- viction is a distinct disgust at every thing that exists ; at all being, life, and effort ; he endeavors boldly to destroy the form of every thing, and even him- self, as he now exists ; he has no pleasure in his existence, in the world, or in his nation. Humanity, which should be to him a pure and holy picture, such as we know it to be displayed in Jesus, our Saviour, counts with him for noth- ing ; is to him nothing but a delay in individuality — in evil. "And therefoi - e, dear mother, I must say to you, that among our people I know bolder and nobler heroes : and that in the path in which K r thrusts me backward, and kills me, I feel myself drawn toward them with inexpressible power. Like him, they recognize no human attainment more holy than the good of the highest divine grace, likeness to God : the possession, by man, of an individual conviction and will for himself. In this belief they are wholly without doubt, and as strong in their wills as K r ; but their convictions look toward active life and pleasure in striving ; and if they could have their own way, they would insist on introducing among our German people that pure condition of humanity in which every one can train himself to every tiling for which God has ordained him ; they would glorify humanity in our nation! And since they have attained to this condition, not one doubt has assaulted their souls ; they have not even trembled. " Of this mental pleasure, and this victory, I experience some indications ; and therefore I quite give up K r. My inherited feelings had already disin- clined me to his views ; but now I possess a faith, the loftiest belief upon this earth ; and this alone I will enjoy." (pp. 171, 172.) Who were these bolder heroes to whom Sand felt himself attracted with such inexpressible power, and from whom he expected such transcendent benefits to his fatherland ? Late researches, and especially a work entitled " The German Youth in the Late Burschenscliafts and Turning Societies" indicate, with the utmost clearness, that Sand alluded to Karl Follenius and his followers. The author of the above-named work (Robert Wesselhoft), thus describes his first visit to Follenius : 112 THE GERMAN UNIVERSITIES. " He received us like old acquaintances. We called each other thou ; he was hearty and easy, open and confiding, without requiring that any one should at once unconditionally reciprocate all this. But there was in his demeanor, his attitude, the tone of his voice, his emotions, and looks, in short, in the whole man, something nohle ; peace, power, clearness, a seriousness almost proud ; an individuality, which Insensibly secured a remarkable degree of respect from all near him. And in his morals he was as strict, as pure, and as chaste as in his language ; and we have found no one like him, or certainly no one equal to him, in purity and vigor of morals and manners." Follenius lectured on the Pandects. His ''philosophy was, through- out, practical. He required all that is recognized by the human reason as good, beautiful, and true, to be accomplished by means of the moral will. . . . The State must be organized correspondently with the reason of the members of it."f In this manner, proceeds our author, Folleuius developed a degree of self-consciousness that was astonishing : " He was hold enough to assert that his own life was such as reason required. With an indescribable expression of contempt in his features, he accused those of cowardice and weakness who imagine that the knowledge of truth and beauty, and especially of their highest ideals, could be disjoined from living them out, practicing them, realizing them in their widest extent. For he as- serted that man's knowledge of good and right never exceeds his power and his will ; and that the latter are limited only by the former. " It will be readily understood that these proud sentiments gave the more offense in proportion as Follenius' own life furnished fewer opportunities for disputing his positions. All that could be alleged against him amounted to the charge, that he was deficient in a certain humility and modesty. But this accusation could not provoke, from one who saw his superiority recognized, any thing more than a compassionate laugh, which said, clearly enough, 1 Ye weaklings ! Your envious vanity and vile weaknesses are remarkably shrewd !' "J Follenius required unconditional acquiescence in, or difference from his views. " While in Giessen, he had driven his opponents to this position, and main- tained his own ascendency, because he had control ot the existence of the Giessen Friends known by the title of Black. But at Jena he had not this control. "§ "As soon as Follenius defined this unconditional) ty in its whole extent, all seemed to bow before the boldness of his conceptions. The conviction that showed itself so profoundly and strongly, commanded respect, but it was felt that it was respected only as it existed in Follenius, and could not be separated from him. But his hearers did not yet understand themselves thoroughly enough to be able at once to be clear in this feeling. But they were sensible of s<>me opposition of thoughts within themselves which prevented them from resisting, with Follenius. all history, and all things, both past and future, and from as- serting, with him, that whatever had happened had been brought about by men, and that it might just as well have been otherwise, had men followed a better knowledge, and been willing to put the reason in possession of all its rights. But Follenius claimed that he possessed this better knowledge. Politi- cally, he was purely republican ; for he would construct the State as it should be, from the individual man as he should be ; and he thought himself compe- tent to represent the latter, and, therefore, authorized to require as much from others. And this he required unconditionally ; concluding that any one who would accept this unconditionally, would also accept unconditionally the re- publican frame of government. Any one accepting his system became ' uncon- * " German Youth;' &c, p. G5. t lb., p. 71. % lb., p. 72. § lb., p. 73. THE GERMAN UNIVERSITIES. 113 di tinned.' As his whole system had a practical purpose, and looked to the realization of its principles, thus the receiving of his views — i. e., ' uncondition- ality' — was really a very serious matter ; and it can readily and clearly he apprehended that the unconditional recipients of Follenius' opinions were as earnest in them as he, from the moment of their accepting them. "Fortunately for the world, of about thirty Friends who formed the narrow circle around Dr. Follenius, only three were entirely ' unconditional,' and there were about five more in a doubtful state. One of these three was Sand. All the rest were in favor of moderate views ; many were only seeking instruction and interchange of ideas in their circle, and were neutral ; and a few desired Follenius' conversion. It was supposed that Court Councilor Fries would best accomplish this work of information and conversion, and shortly the whole society met once a week with him, and disputed vigorously. But as both Fries and Follenius had a fixed and completed system, this led to no re- sult. Neither convinced the other."" But among the students there was no thought of an agreement, and in March, 1819, the whole society was broken up into a completely inimical separation, only three adhering to Follenius, among whom, as we have said, was Sand. Our author goes into some detail as to the reasons why Follenius was not acceptable to the other students. He says: "All authoritative proceedings were much hated at Jena; the students only loved their teachers and valued their intellects. Folle- nius, with his moral-political ideas, could not succeed in Jena. People had learned and received too much from previous teachers to give it up for what Follenius offered. They criticised him, and advised others to do so — why should Follenius not be criticised? The harshness with which he would have propagated his beliefs and opinions, and with which he asserted that only cowardice and weakness refrained from adhering to them, and carrying them into practice, drove his friends into such an opposition as made it out of the question for his instructions to have any influence on the students. Even those who could not refuse their respect to Follenius, opposed him strenuously at the same time ; asserting that no one, unless he were Christ, was en- titled to claim that he was possessed of the truth. Only Christ held that position ; and in him intellectual freedom is to be enjoyed. In a moral and religious sense, there is a Saviour ; but nobody is going to believe in a moral-political Mossiah."f This reference to Christ relates to a hymn which Follenius wrote for the communion. It began : The last sti A Christ thou must become." J " The man is flown away ; A Christ canst thou become. Like thee, a child on earth Was he, the Son of man. * " German Youth;' &c, pp. 74-76. t lb., p. 83. % lb., p. 84, No. 17.— [Vol. VI., No. 2.]— 8 8 114 THE GERMAN UNIVERSITIES. Within thy heing nothing is destroyed. God guideth thee as thou dost guide thyself. Through thee, by love, God doth become A man, that he may still be end and aim into us." Another poem of Follenius', a turbulent summons to insurrection, Sand had printed and distributed as widely as possible. It begins : 11 Human crowd, thou great human desert ! Who of late the mental spring-time greetedst, Break at last — crash up, O ancient ice !"f As an additional description of Follenius, I add the following : "When we asked him if he believed that his system could be put into prac- tice without blood, he answered, calmly, ' No. In the worst event, all must be sacrificed who entertain different opinions.' And when we replied that our feelings revolted at such a terrorism, and that, as Christians and men, we thought it wrong to murder men, otherwise, perhaps, good and upright, because they ventured to think and believe differently from us ; and even that we did not claim the right of condemning the moral convictions of others, he answered that ' the feelings have nothing to do with this case, but necessity. And if you have the conviction in you that your beliefs are true, the feeling of the neces- sity of acting out this truth cannot be strange to you, unless by reason of cowardice. The means are not to be considered when the case is one of moral necessity. ' " When we observed, that this was the Jesuitical principle, that the end sanctifies the means, he calmly replied, that ' a moral necessity is not an end at all ; and in reference to that, all means are alike.' " Fortunately, we could find no such moral necessity within us ; and had to admit that we did not believe it existed, except in him. 11 ' Good ;' he answered ' that is enough, however.' " We shall, hereafter, refer once more to Follenius ; and, therefore, shall only describe him so far as is necessary to show how predomi- nant an influence he exercised upon Sand. Although this is plain, from many of Sand's expressions, already quoted, it appears still more clearly in portions of the latter part of his diary. He writes, on 5th December, 1818 : " I will have but one grace — the everlasting grace of God— which, therefore, can never turn back from me, but is inwoven with the rudiments of my being. I renounce the feeble belief in the occasional interposition of God's hand behind the scenes of the play of nature and humanity, and proportion- ably more shall I, on the other hand, elevate my own spirit, and praise thy primeval grace, God ! by my whole active existence and life. And these im- mediate relations with thee, God ! my soul shall never mistake, nor destroy, nor forget. Here, thy grace shall endure forever, with every day — here, in thy love. I will rightly understand my will, the loftiest gift of God, the only real possession ; and witli it will possess all the infinity of material which thou hast placed about me for trial and for self-creation. I reject all grace which I do not acquire from myself ; such undesired grace is none at all for me ; it destroys itself. Not to live distinctly up to one's convictions, to vary from them for fear and human opinions, not to be willing to die for them, is brutal — is the vileness of millions for thousands of years. Flee, with circumspection, the snares of Satan." (p. 173.) On the 31st of December, he writes : " Thus I celebrate the last day of this year, 1818, seriously and joyfully, and am sure that the last Christmas is past which I shall have kept, if any thing is to come of our efforts ; if humanity * Hohnhorat, vol. i. p. 50. fib., vol. ii. p. 193. THE GERMAN UNIVERSITIES. 115 is to prosper in our fatherland ; if, at this important time, all is not to be for- gotten again, and enthusiasm to perish out of the land, that wretch, that traitor, that corrupter of youth, A. v. K., must go down — that I see. Until I have accomplished this I shall have no rest ; and what shall console me until I know that, with honorable boldness, I have set my life upon the deed ? God, I ask nothing of thee, except upright purity and courage of soul, lest, in that most lofty hour, I may lose my life." (p. 174.) Sand carried about with him this firm resolve upon murder for months. Nevertheless, his friends report that there was observable in him no change, no disquiet, no uneasy abstraction. He even attended lectures most regularly, as if preparing himself for many future years of life. But in this unhappy and fearful silence the scheme of murder was becoming riper and more fixed. * On the 9th of March, 1819, he left Jena and went to the Wart- burg, where he wrote in the book at the inn : " Into the true heart strike the lance, A road for German freedom !" On the 17th he reached Frankfort, and thence proceeded, by Darm- stadt, to Mannheim, where he arrived at half-past nine a. m. His first step was to call on Kotzebue, who was not at home ; but he was admitted to see him about five in the afternoon. After some little conversation, Sand drew his dair^er and struck down the "whimpering" Kotzebue, with the words, "Here, thou traitor to the fatherland!" He stabbed him three times, though the first blow was fatal, having severed the main artery of the lungs. Kotzebue died in a few minutes. Sand then rushed out of the house and cried, with a loud voice, to the gathering crowd, "Long live my German fatherland, and all of the German people — all who strive to better the condition of pure humanity !" Then, kneeling down, he prayed, " God, I thank thee for this victory ;" thrust a short sword into his left breast until it stuck fast, and fell down. He was brought into the hospital at six p. m. He lay there, " stretched out on his back, his face deadly pale, his lips blue, his hands and feet cold and stiff, scarcely breathing, his pulse hardly per- ceptible." He was revived by warm wine, so that at half-past seven the question could be put to him, whether he had murdered Kotzebue. He raised his head, opened his eyes, and nodded quickly and strongly. He then asked for paper, and wrote, in pencil, " A. v. Kotzebue is the corrupter of our youth, the defamer of our national history, and the Faissian spy upon our fatherland." During the night he caused the account of the battle of Scmpach to be read to him, from Kohlrausch's History of Germany. » The following account ia from Hohnborst, vol. i. pp. 43-82. 116 THE GERMAN UNIVERSITIES. His wounds healed after fourteen days, but an extravasation in the cavity of the left chest made a painful operation necessary. This left a wound which remained open some months, and the dressing twice a day, and the constant position on his back, caused him, often, the severest pain. On the 5th of April he was removed from the hospital to prison. "His demeanor, during his whole imprisonment, was praiseworthy; without making demands, he thankfully received whatever was done for alleviating his sufferings ; and toward the members of the com- mission of investigation he was mostly obedient and modest. But this did not prevent him from purposely endeavoring to delay the investi- gation by numerous untruths."* The result of a long investigation was, that the high court of justice in Mannheim decreed, on the 5th May, 1820, that Sand, " having been guilty of the murder of Imperial Russian State Councilor Von Kotze- bue, and having confessed the same, should, therefore, for his own pun- ishment, and for the example and warning of others, be put to death with the sword." This decision was approved by the Grand Duke on the 12th of May. On the lVth of May, at half-past ten a. if., in the presence of two witnesses, the sentence of death, confirmed by the supreme authority, was read to Sand, who, by permission, dictated the following paper : "This hour, and the honorahle judge, with the final sentence, ave welcome to him ; he will strengthen himself in the strength of his God ; since he has often and clearly proclaimed, that of human miseries, none seem to him equal to that of living without being able to live for the fatherland, and for the highest purposes of humanity ; that he dies willingly, where he cannot labor, according to his love, for his ideas ; where he cannot be free. "Thus he approaches the gate of eternity with free courage ; and since he has ever been inwardly oppressed by the fact, that, on earth, true good only comes out in the strife of opposed miseries ; that any one who desires to work for the highest, the divine, must be leader and member of a party. . . .f He cherishes the hope of satisfying, by his death, those who hate him ; and, likewise, those with whom he sympathizes, and whose love is one with his earthly happiness. Death is welcome to him, for he feels himself to possess the requisite strength, with the help of God, as a man should." The 20th of May was the day of execution ; and until that time the officers of the prison were ordered to admit proper persons into it, on the requisition of the prisoner, especially Protestant clergymen, and to comply with all his reasonable wishes. During the period up to the execution, the commissary in charge of the arrangements visited the criminal at various times, and observed, in a report of May 19th, that at all these visits Sand maintained the * This testimony is from the chief of the investigating commission, t Something, says Hohnhorst, seems wanting here. THE GERMAN UNIVERSITIES. 117 same steadiness of demeanor as at the time of hearing- his sentence. On the same day, Sand requested that he might be allowed to go to the place of execution without any clergyman, alleging, as a reason, that such attendance was a dishonor to the clergyman and to religion. The last must exist in the heart; and cannot come in from without, certainly not during the excitement of such an occasion. As all ex- hortations, even of the clergymen in attendance, had been fruitless, there was no hesitation in granting this request. On the 20th of May, at five in the morning, Sand was placed in a low, open carriage, within the closed doors of the prison, having with him the head-jailer, who was, by his request, to support him, and to conduct him to the place of execution ; and two under-jailers were ap- pointed to walk behind the carriage. He wore a dark green over- coat (not an old-German black coat, as various papers stated), linen pantaloons, and laced boots, without any covering on his head. The carriage and its personal attendants were received, before the prison, by a squadron of cavalry, drawn up in readiness. The procession advanced to a meadow, lying not far from the city gate, where was the scaffold, surrounded with a square of infantry. Sand was lifted from the wagon, and mounted the scaffold himself, leaning on the shoulders of the two under-jailers. Having arrived at the top, he turned him- self about, with rolling eyes, threw quickly down upon the ground a handkerchief which he carried in his hand, lifted up his right hand, as if pronouncing an oath, lifting his eyes to heaven at the same time, and then permitted himself to be led to the block, where he remained standing, by his express desire, until the time of preparing for execu- tion. The sentence of death was now read aloud by an actuary, and the hands and body of the prisoner bound fast to the block, Sand say- ing, to the executioner's servant, in a low voice, ' k Do not tie me too tight, or you will hurt me." His eyes having been bound up, the exe- cution was finished, the head being severed from the shoulders with one blow. The execution was conducted with the utmost order, and in the deepest silence on the part of the spectators, except, at the moment of the decapitation, some expressions of sympathy were heard. A little before the stroke, he said, in an audible voice, "God gives me much pleasure in my death — it is finished — I die in the grace of my God." He died, with much firmness, and entire presence of mind, about half-past five. His body and the separated head were soon placed in a coffin, which was in readiness, and which was immediately fastened down. The military escorted the body back to the prison. 118 THE GERMAN UNIVERSITIES. At eleven o'clock on the following night, Sand's body was buried in the Lutheran church, near the prison. It remains to add, from the documents relating to the trial, as given by Hohnhorst, some matter which may serve to fill out the sketch of Sand's character, and to explain his connection with the society of the '• Blacks," and with the Burschensckaft, and with particular reference to the murder. His expressions as to religion, patriotism, politics, are quite con- sistent with those in his diary and his letters, and remarkably with the views of Karl Follenius. On Christianity, Sand expressed himself thus : " 1. The divine laws are not so much positive commands as an advisory- code, by which man may govern his actions according to his own convictions. 11 2. The man who endeavors to seek the divine, so far as is within his power, who never finds pleasure in evil, but seeks to keep it as distant from him as possible ; and, on the other hand, adheres, to the utmost of his ability, to what is good, — he represents the image of God upon earth. " 3. But this knowledge proceeds only from the man himself; it consists in his determination that, as soon as he has recognized any thing as true and clear, he will openly confess it for the good of all. When a man has, accord- ing to his powers, so recognized a truth, that he can say, before God, ' This is true,' it is a truth also when he does it. When one can comprehend his whole being, and can then say, before God, ' This is true,' he easily becomes concor- dant with himself. For whither would it lead, if men should assume to see, investigate, and condemn, as to be rejected, their own endowments ? Every one must stand for himself before God. 4 ' 4. But one who seeks to repress the divine in man, is trebly deserving of murder and the stroke of death. " 5. Any one not of this opinion, or who would apply texts of the Bible to the actions of a criminal, is a theological blockhead."* For such did Sand pronounce the author of a letter to him from an unknown hand, otherwise a very well-meant letter, as he himself said, in which he was admonished to receive a sense of his crime, with a reference to various places in the Scriptures. He prayed God, daily, for knowledge and enlightenment. If he should learn, by divine suggestion, that his act was wrong, he would repent it from that hour ; but, so far, this has not happened. As to the laws of the State, and the State itself, he said : " A reason- able faith, properly based upon the understanding, is to me a law. I must live according to my free will ; and that which my convictions have determined, I must live up to. In case of collision with earthly laws, no man should be restrained by these, if any thing is to be done for the fatherland." In a true human state, every man must be able * Hohnhorst, vol. i. pp. 109-111. THE GERMAN UNIVERSITIES. 119 to govern himself as far as is possible. Germany must be free, and under one government. "The logical result of these views," says Hohnhorst, correctly, " seems to be this : My own conviction is my law ; I do right when I follow it; it is, for me, above human or divine precepts." With an incredible inconsistency with these views, Sand took a New Testament with him on his journey to Mannheim, and strengthened and edified himself, particularly by reading the Gospel of John.* But he also took with him Follenius' hymn, " A Christ must thou become !" " The end sanctifies the means. This principle found in Sand a strenuous supporter. It was, he said, neither dangerous nor shameful ; for it was made abominable by the Jesuits only because they applied their means to shameful ends. All means for a good end must always be good."f His adherence to this frightful principle explains only too well Sand's constant and hateful lying at his trial, which stood in the strongest contrast with his proud endeavors after moral perfection and moral heroism. Nearly all Sand's sentiments agree entirely with those of Follenius, above quoted ; and show, obviously, that the latter had completely got control of poor Sand, who had, intellectually, come to be quite near him ; had, in truth, unconditionally enslaved him to whom free and self-confirmed conviction was to be the highest law of all action. There is only One who makes truly free those who give themselves uncon- ditionally to him. The question has often been asked, What was the reason of Sand's murder of Kotzebue ? Sand gave the answer, the night after the murder, as I have given it. Whether Sand was acquainted with the details of Kotzebue's life and writings, cannot be certainly ascertained.^ After all the matter which I have quoted from and relating to Sand, no one will wonder that the most various judgments were formed upon his deed. Such persons as based their opinions upon a strict subjection to the Holy Scriptures, saw nothing except a positive violation of the divine command, Thou shalt not kill ; and no defense, however subtle and sophistical, could drive them from this belief. And yet even the * " In the world," says Sand (Hohnhorst, i. 127), " men have sorrow, wherever they go." He had applied to himself, as will appear from his letter to his parents, the words of Christ, " In this world ye shall have tribulation ; but be of good cheer, I have overcome the world." John, xvi. 33. t Hohnhorst, i. 119. X Those not informed as to Kotzebue's character are referred to Appendix VI. for a passage on his work, " Bahrdt with the iron forehead,;' from the General German Library, vol. exit pt 1, p. 213, &c. 120 THE GERMAN UNIVERSITIES. simplest Christian felt that this murder was not similar to murders by criminals whose motives were personal revenge, robbery, and the like. Thus, a profound sympathy with Sand was united with the fullest con- demnation of his crime. This connection of sentiments was the basis of De Wette's much- quoted letter to Sand's mother ;* which, it must always be remem- bered, was written only eight days after the murder. A copy of this letter, which was sent to the King of Prussia, occasioned De Wette's dismission. In the beginning of this letter he says : "The deed which he has committed is, it is true, not only unlawful, and punishable by earthly judges, but also, speaking universally, is immoral, and con- trary to the moral code. No right can be established by wrong, fraud, or violence ; and a good end does not sanctify wrong means. As a teacher of morals, I cannot countenance such actions ; and should ad- vise that evil is not to be overcome by evil, but only by good." (Romans xii. 21.) De Wette wrote with confidence to the Berlin theological faculty, "The foregoing general moral principles laid down in the letter, according to which I declare the act a wrong one, will be found unblamable by the faculty ; they are those of the Gospel." He afterward said to the same faculty, " Only within the narrow circle of those who knew and loved him (Sand) well, and to his relatives, can it be pointed out, that there should be accorded to him a large measure of excuse ; not an unconditional justification. It was within this circle that I wrote the letter of comfort to the mother; I did not obtrude myself for the purpose, but circumstances drew me into it."f . . . " It would never have occurred to me to publish that letter in that form."J; And accordingly, De Wette writes to the mother, that he was writing to her a " defense" of her son ; and this is so true, that his letter corresponds, in many respects, to the defense made for Sand by the counsel appointed for him by the court. The double character of Sand's action, and the consequent two views to be taken of it, appear most clearly in the following extract of De Wette's letter to the theological faculty. "Calixtus says, correctly, 'Even a mistaken conscience is binding; and one who acts contrary * "■Collection of documents upon the dismission of Professor Dr. De Wette, published by himself'' Leipzig, 1S20. Vogel. t De Wette had met Sand in Jena, on the 15th of August, ISIS, and had been hospitably re- ceived, at Wunsiedel, by his parents. ("C. L. Sand,'''' p. 164.) X De Wette refers to this extract from Luther: "There is a great difference between a private and a public letter ; and he who publishes a private letter, against the will and wish of its writer, falsifies not four or five words of it, but the whole letter ; so that it is no longer the same letter, and does not convey its right meaning; because the complexion and character of the whole let- ter, and the meaning of the writer, are completely perverted and altered" "This," says De Wette, "bears strongly upon my case." THE GERMAN UNIVERSITIES. 121 to his mistaken conscience, sins.' The corresponding proposition," continues De Wette, " is true, that one who obeys his mistaken con- science acts conscientiously, and therefore does right. By his truth to himself he maintains his own internal consistency, and therefore fulfills, within his sphere, the law of the moral world. Nevertheless, how- ever, it certainly remains true that he does wrong when he thus errs. 1 '* This opinion of Calixtus would justify all the crimes of such fanatics as Clement and Ravaillac. But the question is, Has not this mistaken con- science always a definite sin at the root of it ? The prophet says : " It is told thee, man, what is good, and what the Lord require th of thee ; to obey the word of God, to love thy neighbor, and to be humble before thy God." And St. Paul refers to "those who say, 'Let us do evil that good may come :' whose condemnation is just." Thus the apostle most distinctly rejects the Jesuitical principle up- held by Sand, that the end sanctifies the means; and the prophet requires, simply and unmistakably, that we obey God's word and be humble before God. Sand having lost this humility, his aims became perverted by persons who acted only after their own choice. Them he followed, aud in pride and delusion imagined that his subjective, god- less ideal of moral perfection stood high above all which real Christians recognize as a holy and undoubted duty. He was like a shipmaster who should hoist a light at his masthead, and steer his course by that instead of the unvarying polar star in the heavens. To realize his distorted ideal, at whatever cost, appeared to him the loftiest moral heroism. Betrayed by nis pride, and his conscience deluded, he fell, in violation of the clearest command of God, into a great crime. The preacher says : " God made man upright, but he found out many inventions." He therefore gave him a right conscience ; but by his many inventions — by the sophistry of his pride — man is resolved to free himself from his obligations to obey God and his word, and to establish his own righteousness. Thus he becomes deaf to the voice of God within him, at last drives away his good angel, and incurs the penalties of delusion and hardness of heart. In this delusion Sand re- mained, even to the scaffold. But it is not my task to discuss further the question of conscience and conscientiousness. If what I have said seems too harsh, reason may * De Wette, p. 28. Even the strongest opponent of Sand's moral principles, Jarcke, says, " Sand was one of those deep and uncommon natures who are not merely superficially influenced by an idea, a theory, or an opinion ; but who, subjecting their whole wills to it, make it the high- est and only rule fur their life." Thus we admire the bravery even of foemen ; and only lament that they are not contending on the right side ; and, on the other hand, despise a cowardly braggart. It seems to me clear that Jarcke's view coincides with that of Calixtus and De Wette. 122 THE GERMAN UNIVERSITIES. be found to moderate it in the following letter, written by Sand to his friends before going upon his fearful errand to Mannheim : "To all mine : — " True and ever dear souls : — I have thought and hesitated as to writing to you, lest I should much increase your grief. For sudden information of my deed might cause your severe sorrow to pass by more easily and quickly ; but the truth of love would thus be violated, and deep sorrow can only be removed by our emptying the whole full cup of affliction, and thus remaining piously sub- ject to our friend, the true and eternal Father in heaven. Out, therefore, from the closed and unhappy breast ; forth, thou long, great agony of my last words ; the only proper alleviation of the grief of parting ! 4 ' This letter brings you the last greeting of your son and your brother ! " I have always said and wished much : it is time for me to leave off dream- ing, and to proceed to act for the needs of our fatherland. " This is, doubtless, the greatest sorrow of living on the earth, that God's affairs should, by our fault, come to a stand-still in their proper development ; and this the most dishonorable reproach to us, that all the noble objects for which thousands have boldly striven, and thousands have gladly sacrificed themselves, should now sleep again in sad discouragement, like a dream, with- out lasting results ; that the reformation of the old, lifeless ways should be- come ossified, half-way to success. Our grandchildren will have to suffer for this remissness. The beginning of. the reformation of our German life was commenced with spirits encouraged by God, within the last twenty years, especially during the sacred year 1813 ; and our ancestral residence is shaken from the foundations. Forward ! Let us rebuild it, new and beautiful, aright temple of God, such as our hearts long to see it. It is only a few who oppose themselves, like a dam, against the current of development of a higher human- ity in the German people. Why should multitudes bow themselves again under the yoke of these wretches ? Shall the good that was awakening for us die again ? " Many of the most reckless of these traitors are unpunished, pursuing their designs even toward the complete destruction of our people. Among these, Kotzebue is the acutest and vilest ; the true mouthpiece for all evil in our day ; and his voice is well fitted entirely to remove from us Germans all opposition and dislike of the most unrighteous measures, and to lull us again into the old slothful slumber. He daily practices vile treason against the fatherland, and yet stands, protected by his hypocritical speeches and flattering arts, and covered by a mantle of great poetical fame, in spite of his wickedness, an idol to half of Germany, which, deluded by him, willingly receives the poison which he administers through his periodical. If the worst misfortunes are not to come upon us — for these outposts announce the coming of something not free nor good ; and which, on occasion of an outbreak, would rage among us together with the French — if the history of our times is not to be laden with eternal disgrace — he must go down ! " I have always said, if any thing beneficent is to be accomplished, we must not shrink from contests and labor ; and the real freedom and enthusiasm of the German people will awaken for us only when good citizens shall dare and endeavor — when the son of his fatherland, in the struggle for right, and for the highest good, shall set aside all other love, and love only death ! Who shall attack this miserable wretch — this bribed traitor ? In distress and bitter tears, praying to the Highest, I have long waited for one who should go be- fore me, and relieve me, not made for murder ; who should free me from my grief, and allow me to proceed in the friendly path which I had chosen for my- self. Notwithstanding all my prayers, no such person appeared ; and, indeed, every one had as good a right as myself to wait for another. Delay makes our condition worse and more pitiable ; and who shall relieve us of our shame, if Kotzebue shall, unpunished, leave the soil of Germany, and expend in Russia the treasures he has earned f Who shall help us, and save us from this unhappy condition, unless some person — and first of all, I, myself — shall feel called upon to administer justice, and to execute what shall be determined on for the fatherland ? Therefore, courageously, forward ! I will attack him with con- THE GERMAN UNIVERSITIES. 123 fidence, trusting in God (be not frightened), and strike down the disgracer and perverter of our people, the abominable traitor, that he may cease to turn us away from God and from history, and to deliver us over into the hands of our most cunning adversaries. To this an earnest sense of duty impels me. Since I have known how lofty an object there now is for our nation to strive after, and since I have known him, the false, cowardly knave, a strong necessity lies upon me — as upon every German who considers the good of all. May I, by this national vengeance, turn all impulses, and all public spirit toward the point where falsehood and violence threaten us, and in reason direct to the right quarter the fears of all and the vigor of our youth, in order to rescue from its near and great peril our common fatherland of Germany, the divided and dishonored union of its states — may I inspire fear among the vile and cowardly, and courage among the good! Writing and speaking are ineffi- cient — only deeds can secure this union. May I at least throw a brand which shall kindle up the present indolence, and help to maintain and increase the flame of popular feeling, the honorable endeavor of humanity after the things of God ! " Therefore am I, although frightened out of all my beautiful dreams for my future life, still peaceful, and full of confidence in God — even happy — for I know that the way lies before me, through night and death, to pay all the debt which I owe to my fatherland. "Farewell, therefore, true souls! This sudden separation is grievous, and your expectations and my own desires are disappointed. But may this matter be a preparation, and encourage us to require, first from ourselves, what the needs of the fatherland require : — which has, with me, become an inviolable principle. " You will ask each other : But has he, by our sacrifices, become acquainted with all of life upon this earth, the pleasures of human society, and had he learned deeply to love this land and his chosen vocation ? Yes, I have. It was under your protection, by your innumerable sacrifices, that country and life became so profoundly dear to me. You introduced me to learning ; I have lived in free mental activity ; have examined history, and then turned again to my own nature, to twine myself firmly around the strong pillar of faith forever, and by free researches into the understanding, to attain a clear knowledge of myself, and of the greatness of things around me. 1 have pur- sued, according to my ability, the usual course of learned studies ; have been put in a position to examine the field of human learning, and have discoursed upon it with friends and men ; and I have, to become better fitted for actual life, examined the manners and pursuits of men in various parts of Germany. " As a preacher of the Gospel, I could, with pleasure, live such a life ; and in the future destruction of our present society and learning, God would help me, if 1 were true to my office, to protect myself! But shall all this prevent me from averting the imminent danger to my fatherland ? Should not your inex- pressible love stimulate me to risk death for the common good, and for the desires common to us all ? Have so many of the Greeks of our day already fallen for the sake of rescuing their nation from the rod of the Turk, and died almost in vain, and without hope for the future ; and are hundreds of them, even now, consecrating themselves for the work by education, not permitting their courage to fail, but are ready to give their lives again at once for the good of their country ; and shall I hesitate to die ? Shall we, whose rescue and reformation are so near to the highest good, not venture any thing for it ? " But do I undervalue your love, or am I thoughtless of it ? Believe it not ! What could encourage me to death, if it were not the love to you and to my fatherland, which impels me to inform you of it ? " Mother, you will say, Why have I brought up a son to adult years, whom I have loved, and who has loved me, for whom I have endured a thousand cares and constant solicitude; who, through my prayers, became capable of usefulness, and from whom I was entitled, in the last days of my weary life, to receive filial love ? Why does he forsake me now 1 Dear mother, might not the mother of any one else say the same if he had sacrificed himself for the fatherland ; and if no one should make the sacrifice, where would the father- land remain ? But complaints are far from you, and you know no such speech, noble woman ! I have before received your charge ; and if no one will step 124 THE GERMAN UNIVERSITIES. forward on behalf of Germany, you would yourself send me to the contest. I have still two brothers and sisters, all honorable and noble ; these remain to you ; — I follow my duty ; and in my stead, all young men who think honora- bly for their fatherland, will be true children to you. " My vocation was for this. If I should live fifty years longer I could not live a more active or real life than that of these later years. This is our vocation ; that we acknowledge the only true God, strive against evil, and praise the Father with our whole lives. In the world we have sorrow, but, like Christ, in God we can overcome it. Oh, that we could possess his peace in full meas- ure ! Left to that path alone, which I shall follow, I have no other resource but to him, my gracious Father ; but in him I shall find courage and strength to vancpiish the last sorrow, and man-like to complete my important tusk. " To his protection, his encouragement, I recommend you ; ami may he keep you in a joy which no misfortunes can interrupt. Overcome your sorrow by the enduring joy which is in him ; and think not of my sad farewell, but of the love which is between us, and which can never end. And remain true to the fatherland, in whatever storms. Lead your little ones, to whom I would so gladly have become a loving friend, speedily out upon our mighty moun- tains, and let them there, upon a lofty altar in the midst of Germany, conse- crate themselves to humanity, and vow never to rest nor to lay down the sword until we, brother races, united in freedom — until all the Germans, as one people, under one free constitution, in one realm, shall be indissolubly bound together, great before God, and powerful among the surrounding nations ! " May my fatherland remain joyfully looking up to thee, God ! May thy blessing come richly upon that bold band among the German people, who, acknowledging thy great grace, are courageously determined to promote the interests of pure humanity, thine image upon earth ! "'The latest cure, the highest, is the sword! Within the true heartdrive the lance, A road for German freedom l' "Jena, beginning of March, 1819. " Your son, and brother, and friend, bound to you in everlasting love, " Cakl Ludwig Sand." Who can read this letter without the deepest emotion — without feeling a profound sympathy for the unhappy man who, with a sore heart, turned away from the path of peace, led astray by a delusion ? His last words, before his death, were, " I die in the grace of God." May God be gracious to him, and to all of us ! b. — Consequences of Sand's Act. — Investigations. — Resolutions of the Union. — Dissolution of the Bursciiensciiaft. We have been long occupied with Sand and his act, but for this will not be blamed, considering the immeasurable consequences of it to the German universities. These consequences were most unhappy. The Wartburg festival had caused a great excitement, especially the burning of the books. This extravagant execution upon works which most of the actors in it did not know, was declared to be high treason by the enemies of the Burschenschaft. But, as we have seen, by the judicious action of the government of Weimar, this excitement was quieted, and an intelligent and just estimate made of the good and evil of the festival, — even the Austrian and Prussian governments were put at ease. THE GERMAN UNIVERSITIES. 125 But no one had any idea that one of those concerned at the festi- val, as if driven by an evil demon, was to break up and destroy the peace and all the quiet and beneficial developments which sprang from it. Scarcely had Sand's deed become known, when the adversaries of the Burschenschaft arose again everywhere, and boasted that they had formed the only just judgment of the Wartburg festival. This, they said, originated with a general revolutionary conspiracy of academical students; and others would soon follow it. This time the views of these opponents prevailed. Even those favorable to the students were of opinion, that although foolish and extravagant speeches, and even fantastic actions, could be pardoned to the students, because judgment and moderation will soon come to them with years, yet, after such an action, their doings assumed an appearance so seriously criminal that all measures must be resorted to for eradicating the evil. No man be- lieved that Sand had been entirely isolated, and had so acted without accessories and fellow-conspirators. The evil demon who had betrayed him to the murder, and had put into his heart his abominable maxim, might seem to be laughing in scorn at the consequences of his action. This brought to pass the pre- cise opposite of all that Sand held for most desirable, and for the attainment of which he had thought even a murder not only permis- sible, but sanctified. For instance, the king of Prussia, upon hearing of it, rejected, upon the spot, a plan which had been laid before him for connecting Turning-departments with the schools. The murder also caused endless investigations. Especially, it was naturally sought to be discovered whether any others, and particularly members of the Burschenschaft, had known of Sand's design. Hohn- horst, the president of the investigating commission, states, on this point, " that the investigation discovered no trace whatever of any par- ticular conspiracy against Kotzebue's life." And again, he says : "Besides that, the investigation found no reliable trace of any con- spiracy whatever against Von Kotzebue's life ; it moreover failed to discover any certain indications that there were any accessories to the act, who took either an active or passive part in it, by encouragement or concealment." The investigation was next directed against the association of " Un- conditional*" or " Blacks," at whose head Karl Follenius was considered to be. His principles, and his influence upon Sand have been de- scribed ; and it has been mentioned that he had followers in Giessen, but that in Jena only three students had submitted themselves "un- conditionally" to his instructions, one of them being Sand. But that, even in Giessen, Follenius' influence had not extended to a great num- 126 THE GERMAN UNIVERSITIES. ber, appears from a letter of a Giessen student to Sand, dated May 12, 1818, in which he says, "We young men are almost alone in the father- land ; scarcely ten older persons are unconditional followers of the truth." Jarcke gives some details respecting this association of the Blacks, mostly from the judicial documents. Among others is "Outlines of a future Constitution for an Empire of Germany, by the brothers Fol- lenius ;" Jarcke's opinion upon which is as follows : " This piece of patchwork is not unworthy of attention, as being the last of those paper constitutions which the revolutionary system brought forth by the dozen. At its basis, as at that of Follenius' ' Sketch of a Consti- tution for a German Republic,' lies a complete disregard of every ex- isting right; the delusive notion that it is possible to develop a living constitution from an abstract theory ; and lastly, the political dogma of the sovereignty of the people." But this constitution differs from others of the same kind in an im- portant point, namely : in that Christianity is an element in it. Thus, it says, " Every German is an elector, and may be chosen to any office, provided he has been admitted to partake of the holy sacrament." And § 10 reads: "Since the Christian faith is free from dogmas, which restrict the growth of the human intellect, and as a faith of freedom, truth, and love, is in agreement with the whole mind of man ; it is therefore adopted as the religion of the empire. Its source — to which every citizen has free access — is the New Testament, and separate sects are to be consolidated in one Christian German church. Other faiths, which are uncongenial to the aims of humanity, such as the Jewish, which is only a, form of faith, shall not be allowed in the empire.* All take part in public worship who feel the need of it. There is no compul- sory belief whatever ; and family devotions are not interfered with." By § 11, the clergy are officers of the church, and are to be models and teachers of pure Christianity. One German Republic was aimed at, and one German Christian church ; and as the first was looked for from a consolidation of all the small German states, so there was to be a consolidation of all the con- fessions — or sects, as they called them — into one church. So Sand wrote : " We Germans — one empire and one church."f Ilis political views, indeed, corresponded entirely with those of Follenius. ♦This is like Rousseau, who put together the religions of the Jews, Turks, and Christians, and ahstracted from them, jointly, a universal religion, adding, that if any one should teach contrary to this, he should be banished from the community, as an enemy to its fundamental laws. (See this work, vol. ii. pp. 215, 21G.) t Hohnhorst, vol. i. p. 190, in Sand's composition entitled " Death Blow." THE GERMAN UNIVERSITIES. 127 For the further description of these " Blacks," Jarcke cites poems from the " Free Voices of Bold Youth," by the brothers Folle- nius.* To make this description complete, however, we must allude to a second collection of hymns, published by Adolph Follenius, with the title "Ancient Christian Hymns and Songs of the Church, in German and Latin, with an Appendix. By A. L. Follenius." These appeared in 1819, at the same time with the "Free Voices." Their preface was as follows : "These hymns and songs mostly date back to that mighty time when faith removed mountains; that is, when by free power of will in faith, wonders were believed, and therefore could happen, such as the weakness of our times scoffs at; when the power of the purely divine in the human mind showed itself in operating upon and moving mate- rial matter. " The author is convinced that these hymns and songs are among the noblest fruits which have ever been gathered in the fields of poetry by any age or nation ; — believing that the oak is not more beautiful than the lily. "It is sad that, notwithstanding the recommendations of Herder, Schlegel, and others, these Christian poems are almost unknown in the Protestant German Christian congregations, are not so much known as they deserve in the Catholic German ones, and have never passed from the Latin hymn-book into German life. We unfortunately have, except of a few hymns, not even an endurable German transla- tion ; while the genial Horace and the great Virgil, with whom, as heathens tending to cultivate the mind, young Christians cannot too early be made acquainted, are spread all over the learned portion of our beloved fatherland, and lie on every table, in innumerable German versions, hexameter and others. Our ancient popular songs and Chris- tian hymns seem nearly related to our ancient cathedrals and council- houses, both in the spirit of their construction and in their fate. In spirit, — for these poems, like the cathedrals, while most richly and ar- tistically finished, even to the smallest particular, never lose the lofti- ness of belono-incr to their consecration as a whole; and in fate, — because the subsequent French, Italian, or Greek architecture and poetry have covered in and hidden our Christian cathedrals and Christian poetry, to such a degree, that even a sight of them can only be had after dili- gent tracing and scouring." A. Folleuius selected the best Latin church hymns, and translated * A second edition of this appeared in 1820. 128 THE GERMAN UNIVERSITIES. them, mostly in liis own spirit, and with an adaptation to his own purposes.* In this collection, church hymns and worldly political songs stand in a contrast like that of the church and the temporal republic, in the prosaic and dry scheme of Follenius' Constitution for the Empire. There is often a mingling of both elements; the political one, however, run- ning into a frightful revolutionary extreme. The Latin church hymns translated by A. Follenius are purely ecclesiastical ; and being mostly distinctly Catholic, they are directly opposed to the one national church of his Constitution. As an example of his politico-religious hymns, I give one of Buri's poems, placed by A. Follenius in the appendix to his ''Church Hymns." It bears the singular title of " Scharnhorst's Last Prayer;" and is as follows : "Thoucall'st, God! Thy flaming image stands on high uprear'd Within proud hearts that thee have never fear'd! sea of grace ! Thou art our place Of strength in need ; and thou our might)' tower, Whence the alarm shall sound in needful hour. Through want and death, Through joy and grief, stands ever open wide The fane of freedom. As we long have sigh'd To see fall down Beneath thy frown The hold of tyranny, so let it be, That freedom's standard we unfurl' d shall see ! Jesus Christ ! Thy words are plain : — Freedom alike to all. And from God's love and oneness he doth fall Who to this word Of grace thus heard, And thus confess' d, doth not in heart hold fast— For this word doth not live, and die for it at last. My heart, how low, Before thy God in meekness art thou flung, Since freedom's spark for thee to flame hath sprung I Such strength is won By love alone ; Such doctrine did the Saviour still dispense, And such hath long been proved the best defense. light of God! How lords and knaves, in hate and envy, still Strive after thee ; while I, my faith, my will, Proudly and bold By thy cross hold. Where thou thy word all-powerful, sealest sure, Which shapes thy people o'er, for freedom pure. * Among these hymns are, " Quern pastores laudavere" " Stdbat mater dolorosa," "Dies THE GERMAN UNIVERSITIES. 129 My people, hear ! To thee I call, in joyful dying strife ; Thy Saviour comes ! Awake anew to life ! The mockers fly ! The tyrants die ! Thy standard moves — the victor's cross before ! Onward ! for open'd wide is Freedom's door I" The same hymn is given in the "Free Voices," but remarkably altered. The title here is "Kosciusko's Prayer;" and Buri inserted, after the fifth stanza, another, which, to be sure, would not have been more inappropriately placed in the mouth of the dying Seharnhorst than the others .* As in this poem, pride and humility,f love and hate, Christianity and revolution, the most discordant elements appear in conflict with each other; so, in like manner, especially in many of Karl Follenius' poems, the demon of revolution, entirely unchecked by Christianity, appears in his most frightful shape. An unbridled and unbounded hate of kings inspires and preaches rebellion and murder.J - It is not to be wondered at, that after Sand's crime, such poems should no longer be endured with patience, and that the demoniac violence which inspired them, and stimulated to similar actions, should be feared. Jarcke gives many results of the investigations which followed Sand's deed, particularly oral and written expressions by students of Giessen, Heidelberg, Freiburg, and Jena. They agree, in general, with Sand's views. On the question, whether the end justifies the means, they were not agreed ; at Giessen, a majority were in the anrrmative.§ It also appeared that the murder of Kotzebue was approved, and even praised, by many. This is not the place to go further into the details of these investi- gations, to mention the punishments which were inflicted on some of the young men, &c. But the following four resolutions are of very great importance to the universities, which were passed by the German Union (Bundestag), September 20, 1819, and published in Prussia, on the 18th October, the sixth anniversary of the battle of Leipzig. They are as follows :|| "§ 1. There shall be appointed, at each university, an extraordinary royal overseer, with proper instructions, and wide authority ; to be a resident at the university city, and to be either the present curator, * There was, also, a characteristic alteration in the third stanza. Instead of the words ahove translated, "Freedom alike for all," were inserted, " Freiheit, Gleichlieit A lien"— "Freedom and equality for all.* 1 Evidently the well-known shibboleth of the Revolution. f Compare the first three lines of the first stanza with the same of the last. % See the poem already mentioned as distributed by Sand, " Human crowd, O thou great human desert;" and the so-called " Hymn of Union of the United Netherlanders," in the "-Free Voices." Jarcke cites others. § Jarcke, 13S. 1 See Koch, i. 15. No. 17.— [Vol. VI., No. 2.]— 9 9 130 THE GERMAN UNIVERSITIES. or some other person recognized as fit fur the place by the govern- ment. The office of this overseer shall be, to provide for the fullest compliance with existing laws and disciplinary regulations ; carefully to observe the spirit in which the academical teachers deliver their public and private instructions, and to exercise over them a healthful control, without immediately interfering in their scientific duties, or methods of instruction, and with reference to the future destinies of the students ; and, in general, to devote his uninterrupted attention to every thing which can promote good order and external propriety among the students. The relations of this extraordinary overseer to the academical senate, and all matters connected with the details of his field of labor, and his occupations, are to be set forth, as fully as pos- sible, in the instructions which he is to receive from his government, having reference to the circumstances which have occasioned the ap- pointment of such overseer. " § 2. The governments of the German Union pledge themselves to each other, that if any teacher in a university, or other public teacher, shall be guilty of proved dereliction of duty, or transgression of the limits of his duty, by misusing his proper influence on the young, or promulgating instructions of an injurious nature, as at enmity with public order and quiet, or subversive of the principles of existing gov- ernments ; and shall thus give unmistakable evidence of unfitness for the important office confided to him, they will exclude him from the universities and other public institutions for education ; no impedi- ments being by this intended to be opposed to the progress of such in- stitutions, as long as this resolution shall remain in force, and until definite regulations shall have been made on the subject. But no such measure shall be resolved upon, except after a proposition by the government overseer of the university, thoroughly explained by him, or upon a report sent in previously by him. An instructor dismissed in this manner cannot receive an appointment in any public educa- tional institution whatever, of any of the States of the Union. "§ 3. The laws which have long existed against secret or unauthor- ized associations in the universities shall be enforced in their whole extent and significance, especially against that society established within a few years, under the name of the General Burschenschaft, and the more strictly against this society, inasmuch as it is based upon an altogether inadmissible permanent connection and correspondence be- tween different universities. It shall be the duty of the government overseers to exercise especial watchfulness on this point. The govern- ments agree with each other, that individuals who, after the publication of this resolution, shall be proved to have remained in, or entered a THE GERMAN UNIVERSITIES. 131 secret or unauthorized association, shall be appointed to no public office. "§ 4. No student who shall have been dismissed from a university by decree of a government overseer, or of a university senate, upon his motion, or who shall leave the university to avoid the result of such a decree, shall be admitted into any other ; and, in general, no student shall be received from one university into another, without a satisfac- tory testimonial of his good standing at the former. "Done and given at Berlin, October 18, 1819." The third of these sections required, unconditionally, the dissolution of the General Burschenschaft. Thus far, we have discussed only the investigations in the matter of Sand, and respecting the association of the "Blacks," or "Uncondition- als," of which Sand was a member, and whose views he not only believed in, but had proposed to carry out into practice, and enlighten all by his example. But it was not thought sufficient to punish him only who was found guilty. Evil-disposed men stirred up an incessant excitement about the vile murder of Sand, and disturbed peaceful people. By means of the phantom of an extensive revolutionary conspiracy, they were en- abled to cause upright princes to execute the most unjust measures, and to disgrace the most honorable men. How unrighteous, for in- stance, were the measures pursued against Arndt, the truest of patriots, who has done such infinite service to Germany I* The inquiry was now made, whether the Burschenschaft, though neither an accomplice in, nor cognizant of Sand's deed, was, neverthe- less, based upon the same religious, moral, and political dreams and principles from which that action had followed. By no means. The result of the criminal investigations showed that no member of the Burschenschaft knew of Sand's crime, nor was, in any way what- ever, accessory to it. To what we have already given, may be added the following re- mark of the investigating judge, who says :f "While the academical senate at Jena asseverated that the Burschenschaft there had not the least connection with Sand's act, the Mannheim investigations left no reason for doubting this, and there was no reason for claiming that Sand's relations to the Jena German Burschenschaft had even the most indirect influence upon his crime." But what were the relations of the Burschenschaft and the society of the " Unconditional ?" * See Arndt's " Forced Account of my Lifer 1S47. t Ilohnborst, ti. 49. 132 THE GERMAN UNIVERSITIES. By § 8 of the Jena statutes, "The Burschenschaft can exist onlj in a free and public social life suitable to students ;" while that society was obliged to conceal its views and purposes, and thus assumed a charac- ter entirely opposed to that of the Burschenschaft. "The Burschen- schaft rejected the character of a secret association," wrote one who knew it thoroughly.* We have seen that Karl Follenius, the leader of the " Unconditionals," had only three followers in Jena, and that among the numerous other members of the Burschenschaft he met with no success. " The Jena Burschenschaft," says another author,f " received not the least influence from all the efforts which the friends of Karl Follenius made in various ways." Jarcke's statements, and the letters and statements of the "Uncon- ditionals" which he gives, agree exactly on this point. A., a student from Heidelberg, declared]; that "The Burschenschaft had merely established a general union for the cause of Germany ; but nothing more than this could be expected from an association which was at least twenty times larger than the society (of Uncon- ditionals), for nothing judicious could come from it. For this reason, those of the Burschenschaft who trusted in each other to pursue, with earnestness and perseverance, the often contemplated plan (of a repub- lican form of government), united themselves into a smaller associa- tion : that is, into the society." L., a member of this smaller society at Jena, wrote, July 24, 1818, to A , "The students in general disgust me; it is a miserable, pitiful brood ; God preserve the world and the fatherland from any salvation which is to come through them ! I do nothing for the Burschenschaft with pleasure and pride, but only out of duty. I have long given up the idea that our salvation is to come from the universi- ties. There are at least nineteen rascals to one good fellow. That sounds hard, but it is true. God preserve us from such salvation as can come through such fellows !" G., also a member of the same smaller society at Jena, wrote at or about the some time to A , " It is out of the question to accom- plish what we aim at merely through the Burschenschaft. I see, daily, that through their means alone we shall never arrive at the point at which we aim." That this society would gladly have perverted the whole Burschen- schaft to a concurrence in its own principles and foolish plans is clear; but how little was accomplished in this direction at Jena we have seen. This appears from the above letter of L., who was a member of * " German Youth;'' &c, p. 82. fib, p. S3. % Jarcke, p. 196. THE GERMAN UNIVERSITIES. 133 the society at Jena, and who was profoundly in enmity with the Burschenschaft, which opposed the tendencies of the " Unconditional)*." G. speaks to the same effect, but more mildly. The Burschenschaft, therefore, came unscathed from all the inves- tigations of 1819. But in the apprehension that they might after- ward fall into error, it was not thought sufficient to punish the guilty, but the whole society was abolished. We shall see that this disso- lution was the direct cause of the subsequent real faults of the Bursch- enschaft. Upon the publication of the decree of dissolution to the Jena Burschenschaft, they wrote to their protector at that time, the Grand Duke of Weimar, as follows : " Most Serene Grand Duke ! " Most Gracious Lord and Prince ! — The confidence which we have learned to feel in your Royal Highness causes us to believe that we need apprehend no difficulty in expressing, once more, our feelings toward your Royal Highness, now that we are separated and torn away from the beautiful hopes which had grown up in our young heart?, in the unity and harmony of an allowed and virtuous social life. " It was the will of your Royal Highness that the Burschenschaft should be dissolved. That will has been carried into effect. We hereby declare, solemnly and publicly, that we have paid strict obedi- ence to the command, and have ourselves dissolved our association, as was ordered ; we have torn down what we had built up after our best knowledge, upon mature experiment, with upright and blameless good faith, and with the genuine belief that we were doing a good thing. The consequences have answered our expectation, and there grew up a virtuous and free mode of life. Trustful publicity took the place of creeping secrecy ; and we could, without shame, and with a good conscience, display to the eyes of the world what we had meditated in our inmost hearts, and had carried out into actual existence. The spirit of love and of uprightness led us, and the voices of the better part of the public have sanctioned our efforts down to a very late period. "The spirit which has united us has sunk deep into the bosoms of each one of us. Each of us understands what should be the relations of one German youth to another. The right of standing by one another, in its ancient form, was discontinued. Good morals were the first and last motives of our united action. Our life whs intended to be a preparatory school for future citizens. This fact has not escaped your Royal Highness ; and the two searches of our papers have not, according to our best knowledge, led to any different conclusion. 134 THE GERMAN UNIVERSITIES. " This school is now closed. Each of its members will depart with what he has learned. This he will retain, and in him it will live. What they all have recognized as true, will continue true to each. The spirit of the Burschenschaft, the spirit of virtuous freedom and equality in our student life, the spirit of justice, and of love to our common country, the highest of which man can be conscious— this spirit will dwell in each of us, and will lead him forward for good, according to his capabilities. "These things, however, grieve us deeply : first, our influence upon those who shall come after us ; and second, that our efforts have been misunderstood, and misunderstood publicly. In truth, we could not have been wounded more deeply. Only the good conscience within our bosoms can teach us that no one can destroy our own honor, and can show us the means of consolation for this injustice. "As it regards this decree, we leave it to time to justify us, and will- ingly admit the belief that at least there has been a time when our efforts were not misunderstood, even by our noble prince and lord. Nothing shall change our love to him ; and perhaps some better day shall, in future, permit us gratefully to prove it to him. " With warm wishes for our fatherland, and for the prosperity of your Royal Highness, we subscribe ourselves, in unchangeable love, your Royal Highness' most faithful servants, "The Members of the Late Burschenschaft." A hundred and sixty signed the document. Binzer, one of them, composed the following song, afterward ex- tensively sung : " A house we had builded, So stately and fair ; There trusting to be shielded, In God, from storm and care. " We lived there so gayly, So friendly, so free ; It grieved the wicked daily, Our true accord to see. " That fair house may perish, When greatest our need — Its spirit still we cherish — But God's our strength indeed." Both letter and song testify to a good conscience. After the dissolution of the Burschenschaft, the strictest measures were taken to prevent its re-establishment. These remind us of those employed in the seventeenth century to uproot the abominable system of Pennalism. Yet no two things could be more completely opposed than were Pennalism and the Burschenschaft. The latter had an THE GERMAN UNIVERSITIES. 135 especial contest with the associations corresponding to the earlier '• Nations," in which Pennalism had its home. We have given Klupfel's description of the Landsmannschaften, and have seen how, at the time of the War of Freedom, there had been a profound moral change and reformation in a large part of the academical youth. The same students who then followed the standards as volun- teers, and fought in those ever-memorable battles, now fought a second time, as volunteers against the profound demoralization of the univer- sities. We call them volunteers, for they did not act at the command of the authorities, nor did their movements proceed from a new code of laws; but from the young men's hearts, which God had drawn to- ward himself, and renewed. The advantages which followed were such as neither commands nor prohibitions had availed to secure. I will mention but a few. "Almost all the Burschenschafts very early banished the hazard- table from their precincts."* " Above all, the duel was disapproved for various reasons, and often altogether rejected ; and this without any injury to those who adhered to this opinion. By means of the courts of honor, the disuse of the duel was carried to a point beyond all expectation. In the summer of 1815, there were once, at Jena, thirty-five duels in one day, and a hundred and forty-seven in one week, among about three hundred and fifty students. In the summer of 1819, the court of honor decided for the fighting out of eleven duels among seven hundred and fifty stu- dents; and about forty were brought before it. No duel was allowed until after reference to the court of honor. No witness, second, or sur- geon, was to attend a duel without such reference ; and it may be con- fidently asserted that no duel took place without the previous reference to the court of honor, as long as that court could inflict the penalty of exclusion from the association. The proportion of duels to those of previous periods was similar in other Burschenschafts."f Within my own knowledge, a society had been formed in Berlin, which wholly excluded the duel, and was upheld in so doing by the Burschenschaft. " Among the virtues of their ancestors, that of chastity was set very high. It was no longer considered witty to make sport of innocence or ignorance of play ; and it was thought a shame to resort to licensed houses of ill-fame."J " Conscious of such an endeavor after an inward moral reform, the * « German Youth," &c, p. 34. I was assured that this was the fact as to the members of the Burschenschaft at Halle. t lb., pp. 29, 30. X lb., p. 35. The same was true at Halle, by the testimony of students there. 136 THE GERMAN UNIVERSITIES. Burschenschaft could neither seek secrecy, nor be indifferent to a recognition of the authorities. Thus, they acquired an open, straight- forward, and downright character. They endeavored, everywhere, to secure the approbation of the authorities, both by their conduct as a society, and by attempts to secure direct recognition. They had no idea that they could be considered dangerous to the state; and when this character was given to them, there crept in, with the secrecy which then obtained in their organization, an unreasonable fancy re- specting it, which led them, like boys, not to fear a contest with the authorities, and even with the law itself. They could scarcely have foreseen, that with this secrecy, and this delusive opinion, the first con- dition of their good character — moral uprightness — would be de- stroyed."* While the earlier innocent years of the Burschenschaft are truly delineated, the origin and the development of their downfall is also correctly pointed out. This will appear from the following account. F.— Halle. (1819-1823.) I was transferred from Breslau to Halle in the year 1819. I had passed through many severe struggles ; and still severer ones lay be- fore me.f As to my own office as an instructor, I was, for the second time, put in charge of an academical collection of minerals, which was not nearly adequate to the purposes of thorough instruction ; and I sought in vain for assistance, in this respect, during four years. I was obliged to content myself with the use of a tolerable private collection, which its proprietor very kindly allowed me to use for my lectures. I occu- pied myself, also, with practical instructions in geognosy, making geognostic excursions during two afternoons of the week, in which the Prussian mining students, more especially, joined. I lectured here on pedagogy, for the first time, in 1822. I occupied, with my family, the house and garden formerly Keich- ardt's, at Giebichenstein, half a mile from Halle, and where I had enjoyed such happy days when a student there. A young theological student, whom I had known at Breslau, was the first who came to live with me, but others soon followed him. The Burschenschaft was dissolved at Halle, as well as at the other universities. A singular condition of affairs was the result. The same students who had lived together as the Burschenschaft, remained at Halle. They were no longer to associate together. Let their conduct * " German Youth;' 1 Ac, p. 36. t See " History of Pedagogy, 1 " part 3, § 2, pp. 236-239. THE GERMAN UNIVERSITIES. 137 be as honorable and open as possible, this did not avail to prevent them from becoming suspected by the authorities, and from being most incessantly watched over by them. They had, up to the publi- cation of the decree of September — up to October 18, 1819 — been not only associated together as members of the Burschenschaft, but had been, personally, the most intimate friends; and it was, therefore, a strange requirement that they should, from that day, become indiffer- ent to each other, and that all social intercourse among them should be interdicted. The Prussian government, agreeably to the decree of September, appointed a government overseer to each of its universities. The office of these was, not only to watch over the students, but, as section 1 of the decree requires, over the instructors also. All dignity and influ- ence was thus taken from the academical senate ; and instead of a paternal academical discipline, was introduced a completely police-like practice, which was harsher for the reason that only evil was presumed from those previously members of the Burschenschaft. And, on the other hand, even the most immoral students were countenanced and protected, because they were considered adversaries to the Burschen- schaft; persons to whom the ideals of that body were only a jest. A similar distinction was made among the professors, accordingly as they were considered partisans or opponents of the reaction which was introduced. At Berlin, Privy High Government Councilor Schultz was appointed over the university ; a harsh, self-conceited, and intensely reactionary man. " Irritated at the senate and the professors, of whom he regarded Schleiermacher and Savigny as the chief friends of the Burschenschaft, he required the senate, in January, 1820, to justify themselves in rela- tion to their connection with the Burschenschaft."* On the 2 1 st March, 1820, Schleiermacher wrote to Arndt, "While Schultz persecuted the Burschenschaft, he extravagantly favored the Landsmannschaften, who are eminently the destruction of the university." On the 18th of August, 1822, Schultz declared that "He was now convinced that he could no longer reckon upon truth and good faith in his dealings with the ministry ; and that it is to those officials themselves that the faults of the members of the secret societies are to be imputed."f But this dignitary had already seen how fruitless were all his strin- gent regulations. In a letter of October 29, 1821, he wrote, "It is astonishing to what an extent those disorders in the university, for whose removal I have now labored for two years with the greatest * " Correspondence between Goethe and State Councilor Schultz," p. 76. t lb. p. 76. 138 THE GERMAN UNIVERSITIES. zeal, increase from day to day ; aud the circumstances attending my labors are such, that I see, with sorrow, the moment approaching when I must resign my post with reproach and shame, even if vexation and useless labor do not sooner entirely destroy my health and put me out of the world."* The example of Schultz shows how much difficulty and harm may be caused by misuse of his functions, on the part of a harsh, reckless, short-sighted, and proud overseer. Vice-president of Mines Von Witz- leben, appointed over the university of Halle, was diametrically the opposite of Schultz. He was mild, always benevolent, and a supporter of every thing good.f But the nature of the office which had been conferred upon him was any thing rather than mild. He was obliged to obey the orders of others. What he saw at Halle, and the results of his investigations there, was not permitted to determine his view 7 s or his actions. It was said that the proceedings at the separate uni- versities could only be correctly judged of at the central point of the investigations ; only at Mainz, the seat of the investigating commis- sion appointed by the Union, which could overlook the whole con- spiracy. We have seen that the Burschenschaft w r as made to suffer for the transgressions which Sand had committed, both in word and deed, but the association of the TJnconditionals in revolutionary prose aud poetry. No pains whatever were taken to distinguish between the innocent and the guilty, but the whole Burschenschaft was declared guilty, and its dissolution was as sternly followed up as if it had been judicially convicted of the accusations against it. It is, therefore, not to be wondered at, that a man otherwise so upright and mild as Witzleben, came to see w r icked secrets and intrigues everywhere, and at last, even to think the very honestest of the students the most cunning, and utterly unworthy of any confidence. I myself enjoyed the fullest confidence of those students at Halle who had belonged to the Burschenschaft. They complained to me that, notwithstanding their punctual obedience to the laws, they were treated ♦Schultz was upon the very point of breaking up the Altenstein ministry, and of being placed at the head of the departments of Church and Instruction ; the necessary cabinet order having been made out, but never having been published. He was, at last, removed from his overseer- ship by a cabinet order, dated July 6, 1824. t He had shown himself such during many years' most benevolent and active service as ad- ministrator of the school at Rosleben. The able Rector Wilhelm remained at the head of this school for fifty years, notwithstanding many honorable invitations elsewhere. He said that " he could not find a W T itzleben for his official superior anywhere else." (" Golden Jubilee of Rec- tor Wilhelm? Weimar, 1836; pp. 16, 17.) THE GERMAN UNIVERSITIES. 139 as if guilty. To remove all misunderstanding and distrust, they twice handed in to the authorities fair and truly written reports of their doings. They did this voluntarily ; and had no difficulty in being public in doing so, because they were conscious of no fault. Among those who often visited me was an excellent young phy- sician, X., whose strong character rendered him highly esteemed by his acquaintances. He induced them, on the 12th of January, 1821, to celebrate the anniversary of the foundation of their Burschenschaft. This celebration was wholly unpremeditated. But the authorities saw in it, not a memorial of a suppressed association, but that very associa- tion continuing to exist. During the investigation which followed, I drew up the following testimonial for X. : " Testimonial for X., student of medicine, on occasion of his receiving the admonition to depart (consilium abeundi), from the academical senate, on account of the festival of January 12, 1821 [the festival of the foundation of the Burschenschaft in this place). "I have been acquainted with the student X. for more than a year. He has visited me once almost every week since, and even oftener ; and has spoken with me frequently, and fully, respecting his own cir- cumstances as a student, and those of the whole body of students ; not as to a superior, but as to an old friend. He had no reason to deceive me in any thing, and I am firmly convinced that he would have been precisely as truthful if questioned before the most rigorous judge. " I have, in particular, spoken often with him respecting the Bursch- enschaft, of which he was a member during its existence. I know distinctly, from him, that he adheres strictly to the word of honor which he gave, not to re-establish the Burschenschaft, nor to aid in so doing. He, and many of like views, it is true, lament that unhappy political occurrences should have caused the suppression of that body. But tnese do not indulge the dream that they are fitted to exert any influence upon civil society. How little X., in particular, concerned himself with politics, is indicated by a remark which he made in my presence, that he was too busy with his medical studies to have time to read the newspapers. " But if these young men, while fully admitting the bad tendencies of a portion of the Burschenschaft, desired to hold fast to the true bene- fits which had resulted from it in the universities, can they be blamed for this ? But when ardent love of truth, chastity, temperance, patriot- ism, and so many holy Christian virtues have sprung up, of late, in the universities ; when young men associate together in order to confirm themselves in these virtues, and when they do every thing to reform 140 THE GERMAN UNIVERSITIES. those who are in evil ways, in that case those universities in which such a spirit prevails, should think themselves fortunate. And this doubly, when they compare this spirit with that formerly prevailing, of disso- luteness, and of emulation in many vices. Nor is this latter spirit, unfortunately, yet extinguished ; those of better intentions are daily annoyed by their attacks. " I know how much X. has done to uphold this good feeling, and how strenuously he resisted those evils. The best swordsman in Halle, he has not fought one duel, but has adjusted innumerable misunder- standings. As an example of strict morality, he was superior to the rest. In originating the celebration of the 12th of January, as a me- morial of so much that was praiseworthy in the designs of the Bursch- enschaft, his purposes were pure ; and it is only to be lamented that a false construction was put upon youthful, though even blamable carelessness. " My official oath, as professor, bound me ' to use all my exertions to increase the glory of God, and the safety of the church, and of the republic ; to lead the students away from vice, and to influence them to integrity of life and purity of manners.' This oath, and my own impulses oblige me, on this occasion, to speak distinctly. While it is, on one hand, the conscientious and official duty of a teacher to warn and protect young men from the vicious errors which were made the cause for suppressing the Burschenschaft, it is equally his sacred duty to protect the new and pure influence — the spirit of Christian virtue — which grew up with the Burschenschaft. I know of no greater fault with which an instructor of youth could charge himself, than that of opposing such an influence. " I call my oath to witness, that I have written the foregoing accord- ing to my best inward conviction." In the academical senate, I added to this testimonial the following remarks : " I shall add, after this paper, only a few words. Since* writ- ing it, I have had additional reason for believing myself right in the views therein expressed respecting the condition of the students. The jurisprudence of the university seems to me to differ from that of the usual courts, especially in this : that in its decisions it may not only consider each case by itself, and compare it with the body of the laws, but more especially in that it may decide according to a personal knowledge of the accused, and rather on moral than on judicial grounds. Thus, for the same act, a good-for-nothing fellow may be treated severely, and one otherwise of good reputation, moderately. The present case is one where the accused, according to the law, by the opinion of the overseer of the university, should be acquitted. Since THE GERMAN UNIVERSITIES. 141 they are, moreover, known to be, especially the medical student X., unblamable, virtuous, and industrious men, there is double reason, considering the case as one of discipline, to acquit them." About this time my intercourse with the students seemed worthy of attention in high quarters. I received a letter from the Chancellor of State, Prince Hardenberg, in which he spoke, though mildly, yet with displeasure, of my relations to three certain young men. I answered : " The more I recognize the kindness expressed toward me in your grace's letter, the more I feel it my duty to justify against misunder- standing, to your grace as my immediate superior, my civic and official life. I was a member of a Turning association, when it was not only permitted, but favored and recommended by the Prussian government in many ways. It was my belief that in this I not only was not violating my official duty, but was doing it better than was required. " When, some two years ago, I expressed my profound conviction of the great value of the Turning system for youth, in a printed publi- cation, I declared myself, at the same time, distinctly opposed to any political tendencies in it. This I did of my own free will, under no in- fluence from without; and I spoke accordingly to young persons, against any premature grasping after the station of a citizen. "Various of the Turners in Breslau were also my scholars in miner- alogy ; among them M. and W. " When these two were subjected to an investigation, I thought it my duty to warn and admonish them, to the best of my ability, where they were in fault ; but not to give them up ; to protect, more care- fully than ever, the good element which I recognized in them. I con- sidered myself their teacher, in whom they placed confidence, not their judge ; as bound to improve and instruct them, not to condemn them ; and I was the less ready to condemn them, because I had, my- self, experienced how difficult it is, in a season of excitement, always to act prudently and moderately. " A year ago I became acquainted with L., in Berlin. I found out afterward, to my sorrow, that he had certain faults. At the last Whit- suntide vacation he made a short trip from Jena, and came to Halle. I conversed with him, and satisfied myself that nothing was more im- portant for him than at once to get into some honorable occupation, and never to leave it. He showed a particular inclination and aptness for land-surveying and engineering. As there are excellent opportu- nities at Dresden to study these, I made application to a friend there, to learn from Ilerr Fischer, professor at the Military Academy, what steps a young man should take in order to be admitted to instruction in land-surveying, what expenses would be, &c. 142 THE GERMAN UNIVERSITIES. "Your grace will see, from this correct account, how far I have been connected with L. It has never occurred to me to desire to bring him under my influence, as a teacher, in any way. This would have been a most improper design, for L. was by no means a suitable person for it, and I am.'convinced that your grace will certainly never blame me for having endeavored to set L. in a way to cultivate his talents to his own pleasure and quiet, and to the benefit of his fatherland. " It is a cause for mourning before God, that a large part of our youth are, at present, in an unprecedented misunderstanding with the gen- eration preceding them. I consider it, accordingly, the sacred duty of the teacher, whom his official duties bring into close contact with them, to treat them in every respect paternally, and to use all means of restoring a good understanding, and of preparing the way for a pleasanter future. This they can especially do by having regard to the peculiar talent of each young man, and by assisting, with counsel and action, in cultivating it, and thus helping to educate men who will be both skilled and satisfied in their destined sphere of life. " I have endeavored, according to my powers, to contribute my mite toward this object. M Thus your grace will not misunderstand my intercourse and cor- respondence with young men accused ; since it is the endeavor to fulfill my duty as an instructor of youth, that has been the occasion of them. "I am, of myself, most decidedly opposed to political revolutions, and an adherent to what promises real and enduring peace, and all the benefits of prosperous times. I feel myself happy in my sphere of life; why should I not abhor all violence and destruction, an4 desire calm and peaceful progress ? "I would gladly acquaint your grace with the experiences which have been occasioned me by means of the full confidence which has been reposed in me by those young men who have been accused. I would gladly, as their advocate, produce the conviction that, notwith- standing the undeniable improprieties and unjustifiable views which they have, youth-like, thoughtlessly written, still they are so disposed that they would gladly ofTer up their lives for king and fatherland, should a second year 1813 require that highest evidence of their truth. " I most humbly request your grace to receive this letter with favor, and remain, that all instruments and writings made by such scribes, notaries public, or ordi- nary judges shall have full faith in court and elsewhere; all constitutions, statutes, and other things making to the contrary, notwithstanding. In like manner, by our said imperial authority, we grant to the aforesaid Pro-Rector, or person who shall be filling the office of Rector, that he may have power and authority to make, create, and invest as poets laureate, persons fit therefor and excelling in the poeti- cal faculty, by the imposition of the laurel and the giving of a ring ; which poets laureate so created and invested by the same, may have power and authority in all cities, communities, universities, colleges, and schools, of all places and countries of the Holy Roman Empire, and everywhere, freely and without any impediment or contradiction, to read, instruct (repetere), write, dispute, interpret, and comment in the science of the said poetical art, and to do and exercise all other poetical acts which other poets and persons adorned with the poetical laurel have been accus- tomed to do and exercise, and to use, enjoy, possess, and rejoice in all and singu- lar the ornaments, insignia, privileges, prerogatives, exemptions, liberties, conces- sions, honors, pre-eminences, favors, and indulgences, which other poets laureate, appointed in whatever places and academies, rejoice in, enjoy, and use, either by custom or law. And, moreover, we grant and bestow upon the aforesaid Pro-Rec- tor full power to legitimate natural children, bastards, children of prostitutes and concubines, and incestuous children in marriage or without it ; and all others, al- though infants, and whether present or absent, begotten or to be begotten from illicit or damnable intercourse, whether masculine or feminine, by whatever name called, whether other legitimate children exist or not, and without their consent having been sought for (Us etiam aliter non requisltis), and whether their parents be living or dead (the children of illustrious princes, counts, and barons being nevertheless excepted), to restore to them and any one of them, all and singular, legitimate rights, entirely to take away all stain from their birth, by restoring and habilitating them in all and singular their rights of succession and inheritance of paternal and maternal possessions, even from intestate relatives by both father and mother, and in all legitimate honors, dignities, and private agreements, either by contract or by last will, or in any other manner whatever, whether in court or without, precisely as if they had been begotten in legitimate matrimony, all objec- tions from illegitimate birth being completely quieted. And that such legitima- tion of them so made by him as above, shall be had and held to be done with entire right and lawfulness, not otherwise than if it had taken place with all the legal forms, the defect of which we will and intend to be specially supplied by im- perial authority (so nevertheless, that such legitimations shall not prejudice legiti- mate and natural heirs and children); so that those so legitimated, after having been legitimated, shall be, and shall be held to be, and may be named, and can and ought to be named, in all places, as if legitimate and legitimately born of the house, family, and descent of their parents, and have power and authority to bear and carry the arms and insignia of such parents ; and, moreover, that they be made noble, if their parents were noble, certain laws notwithstanding, which provide that natural children, bastards, children of prostitutes and concubines, and inces- tuous children, whether in marriage or without it, and all others begotten or to be begotten of illegal or damnable intercourse, cannot and ought not to be legitimated while natural legitimate children are living, or without the wish and consent ot THE GERMAN UNIVERSITIES. 197 the natural and legitimate children, or paternal relatives, or of the lords of the fief; and especially the Novels, " How natural children may be enfranchised,' 1 ' 1 passim ;* and Liber Feudorum, " If there be a controversy between the lord and paternal rela- tions about a fief '/"f and Code, title Jubemus, 6, " Of the emancipation of children ;"J and other similar provisions, which laws, and each of them, we ordain to be ex- pressly and intentionally repealed; and notwithstanding the prov.Vons of con- tracts aforesaid, and of the last wills of deceased persons, and other laws, and their enactments and customs, although they are such as require to be recited or of which special mention ought here to be made ; which, in abrogation of, and intend- ing to abrogate them, in this present case at least, we do of our certain knowledge and the plenitude of our imperial power, totally repeal and wi'l to be repealed. And, moreover, we give and grant to the aforesaid Pro-Kector, or person filling the office of the Eectorate, power and authority to appoint guardians and curators, and to remove the same, for legitimate subsisting causes ; to restore infamous per- sons, whether by law or fact, to good fame, and to purify them from every sign of infamy, whether inflicted or to be inflicted, so that thereafter they shall be held fit and proper persons for all and every transaction, and may be promoted to digni- ties ; also to adopt children, young or adult, and to make, constitute, and ordain them such ; also to emancipate children, legitimate and to be legitimated, and adoptive ; and to consent to the adoption and emancipation of all and singular, both of infants and adults ; and to declare those supplicating it to be of full age, and to give their authorization and decree to that effect ; also to manumit ser- vants, and in like manner to give their authorization and decree for any manumis- sion, either with or without the use of the official rod ; and to alienations by minors, and transactions by those not enfranchised {alimentorum) ; and to restore to their rights minors, churches, and communities injured, the other party having first been summoned for that purpose, and to grant to them or either of them full restitu- tion, the legal order of proceeding being always preserved. Lastly, we grant and bestow upon the aforementioned Most Serene Prince Elec- tor of Brandenburg free authority and power of conferring peculiar arms and insig- nia upon each of the faculties to be established in said university, which they shall have power and authority to use whenever necessary, or at their pleasure, in pub- lic writings, edicts, ordinances, and other acts, in place of a seal ; saving, neverthe- less, as to all the foregoing, our Csesarean authority, the supreme jurisdiction and all the authority of the founder himself and his successors, and the rights of all other persons whatever. Let no man, therefore, of whatever state, rank, order, dignity, or pre-eminence, infringe upon the grants and powers of our concession, erection, confirmation, in- dulgence, protection, countship palatine, and other our privileges above inserted, or with rash daring make opposition to them, or violate them in any manner. And if any one shall presume to attempt to do so, be it known to him that he will incur, without power or remission, both the heaviest indignation of ourselves and of the Holy Empire, and a fine of fifty marks of pure gold for each offense ; of which we decree that one-half shall go to the imperial fisc— that is, to our treasury— and the remainder to the aforesaid Most Serene Prince Elector of Brandenburg and to his successors. In testimony whereof these letters are subscribed with our hand and attested by the attachment of our Csesarean seal. Given at our City of Vienna, on the nineteenth day of October, in the year one thousand six hundred and ninety- three, and of our reign over the Roman Empire the thirty-sixth, over Hungary the thirty-ninth, over Bohemia the thirty-eighth. Leopold. ♦Novels, 89, passim; see Corpus Juris Civilis, ed. by Kriegel and otbers, 3 vols, royal 8vo., Leipeic, 1856, vol. iii. p. 897, et seq. t Lib. Feud., 11, 26, § 11 ; ib., vol. iii. p. 860. % Cod., viii. 49, 5 ; ib., vol. ii. p. 559. No. 16— [Vol. VI., No. 1.]— 5 •paiHinoiJjwm jou |>uii pajB[ Bioiflar.r.^c'-fSSioMiflnTfa^aciocofoO! •:-< M Xx^co^«coaccoc»p-» • • .• .;n . . .inn • • .e« •& • • • -pi •$« • *- ='p-£: 1 /0X'pfO<^ o» 3s ae SSS5 : :9^S388 -- £ X I CO 5» X I/O •OQOOBQMQDOOlBf. • • -f 3i X >0 CO '£. i-t -m -i . F- o •*• i~ t oo co • UO .««H . ph . «N . pp . . rl .M« t~ • • "J< . rt I- t-l . o a> pi • -h -*. . CO CO -H • t~- • -co • • I : : : :^S : oo o> "J 1 f- fcr 0$ • >o © • i/o co c". t- • io o> no © • 5* CO TJ< CO CO .-too • CH 3C Tf »c • « W © l*j -*co -r- ) CO • T*< IIOH • • in • • '■* • • ■ »/0 -co .-h •l B l°i CO CO ■>*• C5 Ci i-xt»affn.oi-.o(s«oaM*oonoo-affl!0' rf K LO o K c l' O L^ It * IC O ^ O -i pi X K > -H rp l •sasiDjaxg puB saSnnSiiBq jo sjaqowax ■ co ■x^i/s^pil). Savigny, History of Roman Law in the Middle Ages, (Geschichie des ftdmittchen Recltte im Mittdaikr,) 3d vol., 1832. (2d ed.) Schlikenrieder, Chronology and Documents of the University of Vienna, (Chronotogia Diplomatica Univerisitatis Vindobonensis,) 1753. Second part by ZeiaL SciioTTGEN. History ofPennalism. (Historic des Pennalwesens,) 17-17. SCHREIBER, FREIBURG IN THE Breisgau (Freiburg im Breisgau,) 1825. Sciiuppius. Balthazar, WORKS, (Schriflen.) Schwab, List of Rectors of the University of Heidelberg, for Four Centuries, (Euatuor Seculorivrh Syllabus Rectorum qui . . . in Acadentia ffeidelbergensi Magi -stratum Academicum Gesxerunt.) 1786. Tomes, History of the University of Prague, (Geschichie der Prater Universituf.) 1849. \Vesselhoft, R.. German Youth in the Late Burschexsciiaften and Turning Societies, (Teutsche Jugmd in weilwnd Burschenschaften und Turnge- meinden,) 1828. Will, History and Description of the University of Altorf, (Geschichie und Beschreibung der Universitat Altorf,) 1795. Zeisl, See Schlikenrieder. INDEX TO RAUMER'S GERMAN UNIVERSITIES. Absolution of pennals, 51 Academies, scientific, 237. Alexander de Villa Dei, 22. Altorf, universitv, 10, 11, 53, 56, 254. » Aretinus," by Meyfart, 191. Aristotfe, text-hooks by, 22, 54. Ar thirietic, 241. Arn.it. M., 131, 150. Arnoidt, 253. ArU, faculty of, 21, 54 " Bahrdt," wit the Iron Forehead, 186. Bamberg, university, J, J- Base, university, 198. Beanus, synonym* of, 191. Becmann, 253. Bembo. cardinal, 17. Bekker. 69. Benin, university, 10, 183, 198, 214. Betliune, E. von, 22. Binzer, 134. 247. Blumenbach, 61. Bohemian nation at Prague, 19. Bologna, university, 9, 11. Bonieke. 253. Botany, 244. B >r.n, universitv, 10, 198. Boyle, 228. Bresl.o, university. 10, 78,92, 102, 198 Bui. s to German universities, 12, 157. Bundestag, resolutions of, 129 Bursaries. 32, 160. Buri, poem bv, 128. Burschenschaft, 80, 91, 125, 131, 148, 165. Cambridge, universitv, 11. Canon law, 9, 26. Carthage, university, 30. Certificates of attendance, 207. Chancellor of university, 15, 20. Charitable endowment*, 10,21. Circuli fratrum, 54. Civil law 9, 20. Colleges, universities, 10. Cologne, university, 10, 11, Comment, 54, 55, 161. C mring. 253. Convents, property of, to universities, 14. Council, 20. Count palatineship of rector, 17, 195. C -urse of study, 22. Cracow, university, 18. Dantzie, 9, 2o4. Frlangen, university, 10, 16, 17, 56, |07, 184, 198, 223 235, 253. Faculties, 14, 19, 21, 25, 26, 28. Faculty of arts, 21, 54. theology, 25. civil and canon law, 26. medicine, 28. Fiorilio, 61. Follenius, A., 127, 248. Follenius. K„ 111, 112, 125,147 Forkel, 63. Francke, 231, 232. )WK£l£Z ft*** If RECEIVED NOV 9 19M CIRCULATION DCPT. VC 48729 U.C. BERKELEY LIBRARIES CDDA53DbEl 541844 UNIVERSITY OF CALIFORNIA LIBRARY •#?'-