"22. Informers shall receive half the fines paid in, and the remaining fines shall be collected and distributed as the reward of those who make discovery and information of any contraventions of these regulations.

"23. In those cases mentioned in section 3, wherein, together with a breach of these regulations, a crime against the laws of the state is committed, the criminal department of the High Court will take cognizance of it, and the remedies proceed from them to the criminal deputation of the Chamber of Justice.

"24. In order that no one who, whether as keeper or girl, makes a trade of prost.i.tution, shall be in a position to excuse themselves on account of their ignorance of this code of regulations, a copy of them shall be given to every person at the time of registration, for which six groschen shall be paid, and carried to the reward fund for informers."

The royal rescript, the statute, and the police ordinance of 1792 are founded upon the principle that prost.i.tution is a necessary evil, which, if unregulated, tends to demoralize all society, and inflict physical suffering on its votaries; but, as it can never be suppressed, it is tolerated in order that those who practice it may be brought under supervision and control. In furtherance of this idea, another police order was promulgated in 1795, prohibiting music and dancing at the tolerated houses, and limiting the resort of prost.i.tutes to public places of amus.e.m.e.nt. The immediate effect of this measure was to close several coffee-houses served by women (_madchen tabagieen_). At the same time, the women were cla.s.sified into first, second, and third cla.s.ses, and the monthly tax graduated to one thaler (sixty-eight cents), two thirds of a thaler, and one third of a thaler, which was appropriated to the healing fund, as directed by the regulations of 1792. This impost was doubled at a subsequent period in consequence of public calamities.

To enforce the police directions and collect the tax, a census of the public prost.i.tutes in Berlin was taken in June, 1792, when they amounted to 311. The toleration was withdrawn from some of these for various reasons, and the numbers were, in

July 269 August 268 September 249 October (a period of fairs and other a.s.semblages) 258 And the average finally settled at about 260

in a population of 150,000.

In the exercise of the discretionary power vested in the police of Berlin, as in most other cities of Continental Europe, they found it necessary to extend their toleration so as to include in their supervision those private prost.i.tutes who could not be permitted to reside in the tolerated houses because they had not reached the age prescribed by law, which in Prussia fixes majority at twenty-four years; and also another cla.s.s who were secretly visited at private lodgings by those wealthy libertines whose pride would not allow them to enter a common brothel, and whose _amours_ consequently exposed them to liabilities which the spirit of the law justified the police in encountering. The persons (mostly widows) with whom the private prost.i.tutes resided were made answerable to the police, and subjected to the same rules as the tolerated houses.

Under the new scale of impost there were, in 1796,

6 brothels of the 1st cla.s.s, with inmates 16 8 " " 2d " " 33 40 " " 3d " " 141 ---190

Private prost.i.tutes of the 1st cla.s.s 39 " " " 2d " 28 --- 67 Total 257

About this period, an epoch of general political movement, men of the highest rank in Prussia began to doubt the propriety of tolerating prost.i.tution, and orders were given, in opposition to the remonstrances of the police, to take measures which would effectually compel brothel-keepers to close their houses. This appears to have been the first positive attempt at absolute repression, and the police intimated that illicit prost.i.tution would be its inevitable result. In reply, they were directed that, if their prediction should be verified, they must pursue the vice more closely. In 1800 the number of registered women had decreased to 246, _but it was notorious that illicit prost.i.tution had increased largely_. This fact was not denied by the police. They ascribed it, very justly, to the restrictions imposed on the tolerated houses, which were now actually less than ever, at a time when the resident population of Berlin was twenty thousand more than at the last computation, exclusive of a large influx of troops and foreigners. They were not supported in their views, but were ordered, on the ground of extensive disease among the soldiery, to "crush out" the illicit prost.i.tution, and this order they vainly endeavored to accomplish. An inquiry into the comparative state of the venereal disease was directed at the same time, and the state physician reported that _there was less disease among registered than illicit prost.i.tutes, and inferred that a diminution of tolerated, but strictly guarded regular brothels, was not for the public benefit_.

The year 1808, when the French army overran Europe, was a period of general war and trouble; the police regulations fell into abeyance, and prost.i.tution became comparatively free and uncontrolled. The French military commanders in Berlin made complaints to the police of the lawless state of the town, particularly specifying some of the brothels, which had become nests of gamblers, wherein robbery, duels, suicides, and other offenses were of frequent occurrence. The results of an inspection were as follows:

50 brothels containing women 230 Private prost.i.tutes 203--433 In addition to this, there were of notorious illicit prost.i.tutes known to the police (60 of whom were stated to have disease in its worst forms) 400 And also reasonably suspected of prost.i.tution 67 --- Making an aggregate known to the authorities of 900

There were also seventy dance-houses, which were known as places of accommodation. The population at this time was about 150,000. The figures thus given, from an official enumeration, are the best practical commentary upon the effects of the abandonment of a tried system of _surveillance_.

The state of affairs disclosed by this inquiry called forth a ministerial rescript, dated May 8, 1809, which we copy:

"The brothel-houses are, by reason of the great influence they have on morality and health, a very important branch of police administration.

_We should desire to be satisfied whether it is more desirable to suppress or tolerate them._ In any case, it is, however, improper and injurious to license them, and thus to give them a certain sanction; still less can they be tolerated in public neighborhoods of a city. It is rather to be desired that, upon every convenient and properly occurring opportunity, they should be stamped with the well-merited brand of the deepest depravity and infamy. We have therefore commanded the Police Directory to effect the removal of all such houses into quiet, retired streets of the suburbs and liberties, and we direct you to take into consideration whether a like regulation can not be accomplished here in the city of Berlin; whereupon you will make to us a well-considered report. You are also to take into consideration what can be done to brand such places with the deepest depravity and infamy."

In obedience to this order, which had doubtless emanated direct from royalty itself, Herr Von Gruner, the head of the Berlin police, communicated a report containing his conclusions, as follows:

"1. That closing, or even limiting the brothels, would lead to very general ill health."

"2. That, in consequence of the exertions of the police, illicit prost.i.tution had been diminished very much, and even the number of the registered women had decreased."

"3. That in 1809 there were in Berlin

1 first cla.s.s brothel containing women 6 20 second " " " " 75 22 third " " " " 117--198 Private prost.i.tutes 113 --- Total registered 311

That this number might seem larger than before, but the pa.s.sage of troops and the large garrison of Berlin had led to the increase, and evidently a great increase of secret prost.i.tution and its results would have been experienced in place of the registered prost.i.tution, had not an extension of this same registered prost.i.tution been tolerated."

"4. That particular streets in which brothels were to be found were certainly no longer suitable places on account of the greater traffic which they had gained, and these houses might, on that account, be removed to back streets, including the _Konigsmauer_, etc."

"5. That he did not know in what manner 'the brand of depravity and infamy' could be impressed on the trade of prost.i.tution, except by directing a particular costume, differing from the clothing of respectable women."

In continuation of this report, the commissary states his opinion "that it would be dangerous to public order to keep the common houses in narrow limits, as it would bring together all the idle people, which might lead to a disturbance; that a special costume for the women would be of no use at home, and out of doors it would only give occasion for a public scandal without effecting the purpose of their reform; that, lastly, he objects to the toleration of private prost.i.tutes, as there is no good result from their registration except their health, and the general regulation in that and other matters is much better secured in the brothels."

Among the official correspondence on this matter we find another doc.u.ment worthy of notice. It is a report by a sub-inspector to the superior police authorities, dated January 16, 1810.

"There are forty-four such houses of prost.i.tution, and, compared with the population of Berlin, 180,000, that is not many. They are divided into three cla.s.ses, and, together with the prost.i.tutes living on their own account, are controlled in conformity with the regulations of February 2d, 1792. In compliance with such rules, they pay the taxes to the healing fund.

"Past negligent mismanagement has unfortunately permitted several brothels in much-frequented streets. Their removal to more retired places I find highly desirable. It is urgent that no more private women of the town should be tolerated, but rather that they should, if they can not return to good conduct, be sent into the brothel-houses, or, where they are not natives of Berlin, be sent out of the city forthwith, or otherwise be sent to the House of Industry. These women, living alone, are very perilous to morality and health, inasmuch as they can not be so perfectly controlled as in the brothels in modesty of deportment, cleanliness, and retirement; also because they are able to withhold themselves from medical inspection, and to carry on their trade when they know themselves to be suffering from venereal diseases. The lists of the prost.i.tutes under treatment at the Charite demonstrate this. The opinion that this living alone favors a return to virtue is not supported by experience; were it even so, the disadvantages enumerated are more important than so rare and problematical a benefit.

"The question, 'whether the toleration of brothels in large cities, and their regulation by the police, so that infected females should not be permitted therein, is advisable, in order to counteract the seduction of respectable females?' can not be categorically answered in the affirmative. Still, in Berlin, it seems that brothels, if not a necessary evil, can not be momentarily abolished, but such steps must be devised as will gradually remove the evil, and make the disgrace generally noticeable. To this end, the above propositions, touching private prost.i.tutes and removal of brothels from public streets, will be carried into effect. Express limitations of the brothels to two or three streets would give occasion to gatherings on holidays that might lead to riots and other excesses.

"A special external designation of prost.i.tutes would only lead to uproar, without causing the women to feel the odium of their calling more than at present."

The remainder of this report is unimportant. In October, 1810, a public order was made for effectuating its recommendations.

After this event the king became impressed with an idea of the impolicy and impropriety of the "toleration" system, and a lengthy correspondence ensued between the various departments and state officials on the subject; the royal rescripts enunciating the oft-repeated opinions on the subject in general, objecting to the details of the police management, or directing reports on some particular incident of the system; the police authorities, fortified by experience as opposed to theory, adhering to the toleration practice, and demanding increased powers to restrain private prost.i.tution, and compel all such persons to enter the public houses. The matter was brought to a close in 1814 by an order from the crown for a total closing of the tolerated brothels. The police president, Lecoq, thought it advisable to communicate with the authorities of the town of Breslau before he complied with this order, requesting some information as to the state of public morals there, it being stated that there was not a single brothel or registered prost.i.tute to be found within its limits.

The reply from the Breslau officials was in the affirmative as to the fact. As to the results, they had consulted with the state physician and the hospital physician, and their opinion was that closing the brothels and withdrawal of toleration _had not been advantageous_, as, in spite of the police vigilance, illicit prost.i.tution had increased since, and procuresses carried on their arts more extensively, their operations being altogether secret, and under no police control; _that the venereal disease had not decreased_; _that nothing counteracted it so effectually as the medical inspection of known brothels_; _and that its secret spread had been so great as to extend its ravages, through the instrumentality of female servants, into respectable families_; that the hospital returns proved but little, because the cases were suffered to run on or were privately cured, but these returns were given as follows:

Venereal cases in Illegitimate births Years. Breslau Hospital. in Breslau.

1805 155 ....

1806 202 ....

1807 323 ....

1808 233 ....

1809 150 ....

1810 118 382 1811 98 316 1812 139 282 1813 159 222

The years 1800 and 1807 were those of the French invasion. In 1812 the brothels in Breslau were closed.

The general peace of 1814 diverted the energies of crowned heads and leading statesmen from matters of internal policy, and the police of Berlin were left at liberty to pursue their old plans. Then the inhabitants began to object to brothels, and to pet.i.tion against those in their immediate neighborhood. This drew from the police an argumentative doc.u.ment, in which they fully reviewed the question, but refused the prayer of the pet.i.tion.

The change of localities, alterations in the law, and other circ.u.mstances, made a re-enactment of the code of 1792 desirable, and this took place in 1829. The alterations are chiefly in minor details of no general interest, but the law against frequenting places of public amus.e.m.e.nt was made part of this police order, which declared that the presence of prost.i.tutes at houses of public entertainment was strictly forbidden. The most material change consisted in some very minute directions for guarding against venereal disease. To this end, every brothel-keeper was required to furnish each woman in his house with a proper syringe, which she was directed to use frequently, under the orders of the medical visitors. The private prost.i.tutes were directed to observe similar precautions, and in place of a fixed weekly inspection by a medical officer, he was ordered to make his visits at uncertain intervals.

At this time there were thirty-three brothels in Berlin. Some of the citizens renewed their pet.i.tions for a removal of a portion of them, but with no better success than before.

In 1839, the morality of the system of toleration was again questioned by those in authority, and the Minister of the Interior, in a rescript to the authorities of the Rhine provinces, alluded to the matter of prost.i.tution, and expressed himself as strongly opposed to any system of toleration. We quote a portion of his remarks:

"As for the granting of licenses to brothels, I can not accede to it, inasmuch as the advantages to be gained are, in my opinion, illusory, and in no degree countervail the inconvenience of the state sanction thus afforded to discreditable inst.i.tutions. All attempts by the police to introduce decency and propriety by means of brothel regulations are idle. * * * * Brothels are not an invention of necessity, but are simply an offshoot of immoral luxury.(?) * * * * No one has a right to expect himself to be protected from injury and disease while seeking the gratification of unreasonable s.e.xual enjoyments. * * * * The opinion that brothels are outlets for dangerous arts of seduction has never been substantiated. * * * * Had the police ever realized the suppression of illicit prost.i.tution by means of tolerated brothels, then, indeed, a decided opinion might be formed as to the utility, in a sanitary point of view, of brothels."

Opinions of this nature from such a quarter, notwithstanding their absurdity in many respects, could not be without their effect, and induced the citizens to renew their pet.i.tions for the suppression or removal of some of the tolerated houses of prost.i.tution. In 1840, a ministerial order enjoined such removal. It was promptly obeyed: some brothels were at once suppressed, and others were removed and concentrated in a notorious spot called the Konigsmauer. The relative number of brothels and prost.i.tutes in the years 1836 and 1844 was as follows:

1836, brothels 33 Prost.i.tutes 200 1844, " 24 " 240 -- --- _Decrease_ of brothels in 1844 9 _Increase_ of prost.i.tutes in 1844 40

Forty more women crowded into a less number of houses; an average of ten prost.i.tutes to each brothel, instead of six as before, is but a poor commentary on enforced suppression.

The known inclination of the highest persons in the kingdom to put down brothels speedily induced a renewal of the agitation against them. So far as locality was in question, it was admitted that no more suitable place could have been found. The Konigsmauer was a spot shunned by decent people from old times, out of the way, and with few inhabitants but those interested in the traffic, there was n.o.body to suffer, and the whole argument virtually turned upon the moral consequences of the government regulations and their utility to the public.

Among the pet.i.tions of 1840, one had been presented "from a number of Berlin citizens" to Prince William, the uncle of the king, stating that these brothels were an abomination; that many of them were splendidly fitted up, in which all means of excitement were used; that the women appeared at the windows exposed and bare-necked; in short, the memorialists said all that is customarily said on such occasions. But they seem to have forgotten that the police possessed both power and inclination to suppress such grievances, or else it never occurred to these "Berlin citizens" that their a.s.sistance given to the police would have speedily checked the evils. The memorial was handed to the king himself, and he required a report upon the matter from the Director of Police. This was duly furnished, and represented,