Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850

The woman rose from her seat. "It is breakfast-time, neighbour Littlejohn; come in. My husband will soon be back."

They walked toward the farm-house. They were but a few paces from the door, when two carriages drove into the yard, containing several persons. On the box of one sat two gendarmes, and upon the other were two officers of justice.

"There they are," exclaimed Littlejohn. "Keep up your heart, neighbour."

The woman's countenance worked convulsively for a moment, but she quickly composed herself, and taking little Margaret in her arms, she stood calm and silent before the door.

The gendarmes and officers got down from the box; the gentlemen alighted from the carriages. One of the latter, a short, corpulent person, approached the farmer's wife.

"I come upon a mournful errand, Mrs Oberhage!" said he in a tone of sympathy, disagreeable because it did not sound sincere.

The woman neither stirred nor replied.

"Our duty, Mrs Oberhage – believe me, it is often very painful; but so much so as on this occasion I never yet have known it to be."

The woman answered him not.

"Believe me, this is an unhappy day for me."

"To us you have never yet brought happiness, judge," said the woman bitterly.

One of the other gentlemen now stepped forward. He was tall, thin, and pompous, and had two orders upon his breast. The judge had but one, in his button-hole.

"I think we will to business, Herr Justizrath," said he to the judge.

"Oh, gentlemen!" said the woman, still calm but earnest, "surely you will wait. My husband is not yet here, nor our lawyer. I expect them both immediately."

"What have we to do with either of them?" said the counsellor,[45 - In the original, Regierungsrath– a member of the council of government. Justizrath, counsellor of justice, is a title accorded to certain judges in Germany.] carelessly. "The matter is settled, and admits of no alteration."

"The matter is not yet settled. The day is not yet over!" quickly replied the woman.

"My good woman, I can make all allowance for your present mood, but do not cause useless delay. Let us go into the house and begin, Herr Justizrath."

"A little patience, Mrs Oberhage," said the judge, still more blandly than before.

They went into the house. The other officials followed them. The gendarmes remained outside.

Meanwhile, a number of neighbours had arrived at the farm, their countenances expressing the warmest sympathy, mingled with feelings of rage and bitterness – feelings which they did not scruple to express in words, notwithstanding the presence of the gendarmes and men of law.

"So it has come to earnest at last, gossip Oberhage," said an old peasant. "'Tis shame and scandal thus by main force to drive you from house and home."

"Not yet, Father Hartmann!" said the woman, with great external calm. "You know we have sent in a memorial. So long as all is not lost, nothing is lost."

"True enough, but don't be too sure. The world has grown very bad. Only see yonder false-hearted judge and insolent counsellor. They it is who have brought the whole misfortune upon you, and now they are not ashamed to come here and feast their eyes and ears with your lamentations."

"Not with our lamentations!" said the woman, drawing herself up with a feeling of pride and courage which would have done honour to a queen. "It is God's truth," she continued, after a momentary pause, "that these two men have done their utmost to drive us from the farm, on which I and my husband, and my forefathers, have dwelt for now more than two hundred years."

"Ay, ay," said the old peasant, "the little judge was heard to say, as much as ten years ago, that there were records in the office which would be your ruin if brought to light."

"He said as much to my husband, that he might buy the papers of him. And when my husband would not, he came and tried it with me."

"And when you sent him about his business, he went and plotted with the counsellor, who had then just arrived here from the capital, with an appointment to the chamber. That is a bad fellow, neighbour Oberhage. He has feeling for no man, nor for anything but fisc and taxes, impost and extortion. There is not a farm in the district on which he has not found means to lay new burthens. Day and night he rummages old records and registers, to find out new rights for the exchequer, and new means of oppressing the peasantry. And so he brought forward the old papers, by which he makes out that your farm is the property of the sovereign. The fat judge put him up to it."

"That the farm," said the woman by way of amendment, "had belonged to the sovereign, more than two hundred years ago. My ancestors bought it of the government, and paid its price. My grandfather had the papers in his possession, but at his death they were not to be found. My father was away when he died, so the authorities scaled up the inheritance and took charge of all documents. Amongst these were the papers proving the purchase of the farm, and since then we have never seen them. It was said they were not sealed up with the others, or that they got lost."

"The sly judge knows well enough where they are."

"Who can prove it? We told him as much, but he only laughed, and threatened us with an action for slander. Thereupon they began proceedings to turn us out of the farm. The old papers were accepted as valid; all sorts of laws were brought forward – laws which the sovereigns themselves had made; and they so twisted and turned the matter that, at last, house and land were adjudged to the crown. There is no justice for the poor peasant: justice in this country is a crying scandal. The judges think only how best to be agreeable to the nobility and the sovereign, that they may get a bit of ribbon, or an increase, of salary, or a better place.

"But I have yet one hope left," continued the woman. "We have addressed a memorial to his Highness, placing plainly before his eyes the injustice that the tribunals have done us. We have told him everything – how the judge wanted to bargain with us about the documents, how he suppressed our papers, how he and the long-legged counsellor laid their heads together, and plotted, and planned, and bribed witnesses for our ruin. I expect the answer every minute. If there be yet one spark of justice in our sovereign's heart, he cannot and will not suffer them to expel us from our farm."

"Poor woman, build not too much upon that."

"But I do build upon it, for I have trust in God and in good men."

"In good men. Good men have a heart for poor people. But where will you find that amongst those in high places?"

The old peasant's presentiment as to the fruitlessness of the memorial is well-founded. On the return of the farmer without any reply from the reigning prince, his wife appeals to the commissioners, who are busy taking an inventory – preparatory to making over the property into the hands of an administrator – to suspend execution of the judgment obtained until the pleasure of the sovereign shall be known.

"Judge," said the woman, "we have petitioned the sovereign; an answer may come any minute: until then, we need not go."

"But, my dear Mrs Oberhage, think of the judgment rendered. You have already made all the appeals possible. Justice must have its course."

"Justice!" said the woman bitterly, "we will say nothing about that, judge. But the sovereign has to decide whether he will have our property or not. He cannot take the farm, he cannot wish to accept stolen goods. For his decision you, his servants, are bound to wait: the farm won't run away.

"Woman," said counsellor Von Eilenthal pompously, "cherish not vain delusions. I can tell you the answer you will receive from the royal cabinet; I know it: the sovereign referred your application to his excellency the prime-minister, and the minister desired the chamber to report upon it – I myself made out the report."

"Then is our fate indeed decided!" said the farmer.

"Your own sense of what is right tells it you; justice must have its free course."

"These are hard times for us poor people," said the woman. "Our persecutors are set as judges over us, and interpose between the children of the soil and their sovereign, so that our complaints cannot be heard. Their voices alone are heard; ours, never."

"My good woman, the officials do but their duty."

"Yes, yes, Herr Regierungsrath, that is well known – everyone for himself. You now have doubtless wellnigh gained your end; you have reduced enough poor people to yet greater poverty, and may expect a place in the ministry or a president's chair – that has always been your aim."

The counsellor turned to the judge: "Let us proceed with our business," he said.

All hope had now fled from the breasts of the Oberhages, and departure was inevitable. The farmer's brother offered him an asylum; the honest-hearted peasants, indignant at the crying injustice of the case, and commiserating a misfortune which all felt might some day be their own, volunteered their carts and their labour to transport such part of the farmer's property as he was allowed to carry away. This was but a very limited portion, consisting solely of personal effects. Farm implements, live and dead stock, the corn and vegetables in the granaries, the tall stacks of hay and straw, must all be left behind. They stood upon the inventory, and were the property of the state. But the severest cut of all, for the frugal and industrious housewife, was yet to come. Her eldest daughter, a blooming maiden of nineteen, came up to her, followed by the counsellor, the judge, and the Oberhages' lawyer. The girl looked pale and frightened.

"Mother," she said, "you sent me to the linen-room, to give out the linen to be put on the carts."

"Well, what then?" cried the woman in anxious astonishment.

"The gentlemen have taken the key from me, and will not let me have the linen."

"Who has done that? – who will not?" demanded the woman violently, flushing crimson with anger. It was plain that her household gods were attacked.