THE REMINISCENCES OF CARL SCHURZ
of death were at that time the order of the day. And there is no doubt that, at army headquarters as well as at the seat of the Prussian government, Kinkel's condemnation to death was desired and expected. But Kinkel conducted his defense himself, and even the warriors composing the court-martial, men educated in the strictest allegiance to royal absolutism, could not resist the charm of his wonderful eloquence. Instead of condemning him to death, they sentenced him to confinement for life in a fortress.
To Kinkel's friends, to the admirers of the poet, I may say, to a large majority of the German people, this sentence appeared cruel enough. But the Prussian government at once manifested its dissatisfaction with it, for the reason that it was too mild. A rumor arose that the verdict would be set aside on account of some neglected formalities, and that Kinkel was to be put before a new court-martial. For weeks the poor prisoner, with alternate hope and fear, looked forward to the confirmation or rejection of the sentence, until at last, on the 30th of September, the following public announcement appeared:
“Warning. The late professor and member of a free corps, Johann Gottfried Kinkel of Bonn, having fought among the insurgents in Baden with arms in his hands against Prussian troops, has been sentenced by the court-martial instituted at Rastatt to lose the Prussian cockade and instead of the penalty of death only to confinement for life in a fortress. For examination of the legality of this sentence, it was submitted by me to the royal auditor-general, and by him to his Majesty, the king, for rejection on account of illegality. His majesty has graciously deigned to affirm the sentence, with the qualification that Kinkel shall undergo imprisonment in a civil penitentiary. According to this most high order, I affirm the verdict of the court-martial, to the effect that Kinkel is to be punished on account of treason with the loss of the Prussian cockade and with imprisonment for life, and that in execution
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