Cologne Communist Trial

The Cologne Communist trial of 1852 was directed against the members of the Cologne section of the Communist League. He was part of the fight against the political opposition to the means of the judiciary at the height of the reaction time.

History and Background

In many processes, the authorities of the individual states of the German Confederation have tried to eliminate the opposition with the help of due process of law. King Frederick William IV of Prussia was even in the case of the League of Communists of the target in a letter to Prime Minister Otto Theodor von Manteuffel before: it is the task must be, " the fabric of the liberation conspiracy " spy by any means. The " Prussian audience " that should be given " awaited spectacle of a detected and ( especially) punished conspiracy ".

This task came to the Prime Minister and the police authorities. They hoped thus to be able to make up for their loss of prestige after the spectacular flight of the democratically-minded university professor Gottfried Kinkel from Spandau prison. It was not primarily aim to crush the small scattered groups of fans, but the authorities continued to strike a decisive blow against the top of the " party of revolution ." In May 1851 this was an opportunity after was arrested in Leipzig by accident of Peter Schneider Nothjung due to lack of papers at the Leipzig train station during the Leipzig Fair. He had a legitimate writing, various addresses and copies of " speeches " of the Communist League with him, who served the authorities for house searches and arrests. Through the cooperation of the police authorities of the Federal States, the reports came to the Prussian authorities, who then began in London to investigate the emigrants from Germany in order to find a reliable criminal offense for the planned treason trial against Nothjung (→ Prussian secret police ). The entrusted with the case leading police officers Wilhelm Stieber reported in late May 1851 Cologne, that he had " discovered vast conspiracy " one. He carried with the help of agents and spies partly falsified evidence together, that too in a public jury trial in Paris in 1852 and 1853 in Berlin, Mainz and Bremen was used except in the upcoming Cologne Process.

In the Cologne process the main charge was membership in the League of Communists themselves, the government as a " acting in secret, everything unterwühlende party" referred to, which should be held responsible in driving the revolutionary events of 1848 in Cologne. In fact, the federal government had during the revolution of 1848 but temporarily resolved, even if its members had played a part, not unimportant role as individuals. After the Revolution was an attempt to reorganize the federal government from London. But political differences of opinion caused already on 15 September 1850, the division into two factions: one led Karl Marx and Friedrich Engels, the other Karl Schapper and August Willich.

In Cologne, a section of the Communist League was formed in the spring of 1849, which was after the split of the federal transfer the function of the " senior circuit " of the " Marx party ". Although the Cologne tried to recruit for their cause, the scope for a (secret ) political activity remained low, and the efforts did not achieve the hoped- wide impact. The federal government was politically already failed when the police began in May 1851 to arrest the members one by one.

Course of the process

The opening of the trial, however, dragged on for almost two years, since the competent lawyers could not detect any viable evidence in the records of the police at Cologne jury. Partial but in response to the state of the process finally began in October 1852. This was for the government still further a risk, as in the Rhine province with the based on the Civil Code Rhenish law was a legal basis, which differs from the rest in parts of Prussia clearly different. So judged non-civil servants judge behind closed doors, but it was the principle of the public and the participation of jurors. However, some of these principles were found during and after the revolution of 1848 also in the legal process in the other parts of the monarchy input.

The defendants belonged to the later mayor of Cologne, Hermann Heinrich Becker, who saw an instrument for all the differences with Marx in the Communist League to advocate politically for a republic. Accused were next to the doctors Roland Daniels, Abraham Jacobi and Johann Jacob Klein, the chemist Carl Wunibald Otto and the bank employee Albert Erhard, although they acknowledged their radical democratic attitude, but membership in the covenant disputed. In contrast Nothjung, the publicist Heinrich citizen, the Commission Wilhelm Joseph Reiff and cigar maker Peter Gerhard Roeser had given the membership. In addition, the accused were Schneider Friedrich Lessner and the poet Ferdinand Freiligrath, who could, however, the escape arrest by fleeing to London.

All the defendants were accused " to have 1848, 1849, 1850 and 1851 Cologne donated a plot over the years, whose purpose was to overthrow the constitution and to arm the citizens and residents against the royal power and against each other to excite a civil war. Crimes against Article 87, 89 and 91 of the Rhenish and § 61 No. 2 and § 63 of the Penal Code for the Prussian States. "

The process was initially under great sympathy of the public instead, and there was even demonstrations for the accused. Although for him initially, only fourteen days were scheduled, finally took the negotiations because of the questioning of numerous witnesses over six weeks. Karl Marx was informed by the stenographic reports in the Cologne Gazette of the state as a two-day delay, and has tried from London to prove the falsification of the evidence presented. Also, the defendant himself succeeded largely to refute the charges, and after some time the public lost at slow pace interest. This changed when Superintendent Stieber on 23 October, the alleged original log book of the " Marx party " submitted, its contents, especially the accused Becker heavily loaded. But even this evidence was faked, it was Willich in London the forger of the English police even arrested. Its statement was sent to Cologne, did not reach the receiver, who had also been arrested, however. Apparently, the dubiousness of the proof was too big for the prosecution to use it further.

The trial ended on 12 November 1852 the decision of the jury:

• Acquittal of Jacobi, Klein, Erhard and Daniels;
• Imprisonment for Röser, Nothjung and citizen of six years; for Reiff, and Otto Becker of five years and for Lessner of three years and deprivation of political rights for five years and over of all process costs by the convicts. For Röser, Nothjung citizen and also a lifelong police supervision should apply after serving the sentence.

The sentencing took place under heavy military protection, yet there were some riots.

Reactions and consequences

The supporters of the political opposition reacted critically, given the patently false evidence. Is not surprising that the matter was purely a tendency process for Karl Marx. But hardly different Karl August Varnhagen von Ense ruled:

" Precipitation end message from Cologne! [...] A shameful, quite unjust judgment! The government has prepared everything hateful to one and a half years of detention needed, appointed the jury, rogue piece of causes, etc. - And such - as Stieber goes around freely, and may ask to boast reward, while the best men languishing in the dungeon! [ ... ] All the jurists here and in the Rhineland were convinced that the defendant could not be sentenced according to the laws now in force. "

However, it failed to prove the guilt of the accused to a specific conspiracy. But there was no evidence. The condemnation was solely because of the offense of participating in a " conspiracy ". This does not require proof of an actual coup plan was necessary, but he nevertheless lent itself to condemn political opponents.

But the government was not satisfied with the outcome of the trial. An indirect result was that after 1848 established throughout the Prussian monarchy juries lost the responsibility for press offenses and political processes. For that particular purpose of the Constitutional Court was established at the Berlin Court of Appeal.

The two state procurators August Heinrich of Seckendorf and Otto IV Saedt were personally awarded immediately after the end of the process by King Friedrich Wilhelm with the Red Eagle Order " third class with bow " or " fourth-class ".

Expenditure

• Karl Marx: Revelations Concerning the Communist process to Cologne. Buchdruckerei Chr Kiisel, Basel 1853
• Karl Marx: Revelations Concerning the Communist process to Cologne. In: New England Newspaper. Boston March 5 to April 23 1853
• Karl Marx: Revelations Concerning the Communist process to Cologne. Boston 1853 Online
• Karl Marx: Revelations Concerning the Communist process to Cologne. New impression. Cooperative Printing, Leipzig 1875
• Karl Marx: Revelations Concerning the Communist process to Cologne. New Reprinted with an introduction by Frederick Engels. People's Bookstore, Zurich 1885
• Marx- Engels -Werke. Vol 8, pp. 405-470 online version
• Marx- Engels Collected Edition I. Division, Vol 10, pp. 358-361 and 974-1022