[p. 602]
|602| not by the judicial power; the Emperor [has reserved them] for himself, for his supreme judicial power, that is, rather, for himself as the supreme member of state power, as representative of the state. The decision must be taken with the consent of the powerful estate, otherwise it resists through the masses, or has, like the weak one, the right to call foreign powers as guarantors to its assistance in support of what it calls its right, and [according to] the weight or fortune of arms and the interest that they have in it for themselves, the dispute is decided; without a trace of judicial proceeding.32) What before the Public Peace the fist and reckless daring, personal strength decided, is now decided by politics, that is, by the support of more powerful ones and the power of those who for the moment have the same interest, and by the favourable circumstances, that is, the momentary incapacity of those who [have] an opposite interest. In place of sudden striking out has come calculation of consequences; in place of personal courage, calculation of the adversary’s forces; in place of the fist, calculation of the powers in general that would be for or against an interest. The difference is as when boys or old men play chess; or as between a tournament combat and the campaigns of a Fabius; there, with an equal thrust upon thrust, even at risk of life; all for the lady’s thanks and for honour; here, circumspect and artful observation and outflanking of the adversary for years, all for possession. Neither over the feuds nor over the present political wrestling do judges sit in judgement.
32) In the margin: This jealousy of greater powers, their ability to concern themselves with foreign affairs, an ability the German Empire does not have; where has the German Empire undertaken a mediation or prevented a war by its weight, had influence on peace?
This jealousy has preserved Parma, Modena, Genoa, Lucca, even S. Marino, but in years it can break, and these states have no imperial bond, no Chamber Court etc.
The Peace of Westphalia is one of the most important fundamental laws concerning the possession of each estate; what power is it that would maintain it and the other laws of the Empire and treaties of peace.
In the Peace of Westphalia itself it is conceded to all who would be aggrieved in the rights established by it to put themselves in possession by self-help; to be able to do this, one must have power enough for it, – attack or self-help becomes a matter of calculation and of politics.
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