But if, contrary to all expectation, this should still be questioned, although I do not for a moment consider it possible that it should be questioned by men as enlightened as you are, Mr. President and Gentlemen of the Court; now, in such a case, I seek refuge in the privilege which is accorded every cobbler and which you can all the less deny me, viz., to submit a question of workmanship in my trade to the award of men expert in the trade.

In the last resort, the question as to the scientific character of a given work is a question for the men of the trade, and therefore a question which may not be decided on a basis of common education and common culture alone, and therefore also not by a court of law.  The question at issue does not concern jurisprudence, with which you are necessarily familiar, but it concerns other sciences with which you may well be unfamiliar, although, as a matter of chance, you may, in your private capacity, not your capacity as jurists, also be acquainted with these matters.

It is true, you may answer this question in the affirmative, your competence extends that far.  For in very many cases is the scientific character of a given work manifest, even to the commonly instructed intelligence.

But to pass a negative opinion in the face of the expert testimony to which I provisionally appeal as a subsidiary recourse;[55] to that your competence does not extend, for the nicer question, whether in a given case the most profound researches of science may not, with a view to their readier apprehension, be presented in a facile and popular form, whether this fact of a facile presentation may not itself mark a peculiarly high achievement of scientific endeavor, in which all traces of the struggle, all difficulties and all the refractoriness of the materials handled have been successfully eliminated and the whole has in the outcome been reduced to the simplest and clearest terms; where the result presented is a scientific work of art, which, in the words of Schiller, has risen above the limitations of human infirmity and moves with such ease and freedom as to give the impression that it offers but the free play of the auditor’s own unfolding thought; to decide with confidence whether you have to deal with a scientific work of this class, and to decide it with that certainty and security that is required in order to pass a sentence, that is something of which none but men trained in the science are capable.

This question, therefore, I beg that the following gentlemen:  Privy Councillor August Boeckh, Efficient Privy Councillor Johannes Schultze, formerly Director of the Ministry of Public Worship, Professor Adolf Trendelenburg, Privy Councillor and Chief Librarian Dr. Pertz, Professor Leopold Ranke, Professor Theodor Mommsen, Privy Councillor Professor Hanssen, all members of the Royal Academy of Science, and as specialists capable of judging in the matter, be constituted a subsidiary tribunal to pass on the question, whether the address in question is not in the strict sense a scientific production.