The New York herald., 1871-12-17

Opposed to the Law.
MUNICH, Oct. 2S, 1871.
The Bavarian motion made IN the German Reich
stag for the addition OF paragraph In the penal
code providing for the punishment for the misuse
OF the pulpit for political Objects and adopted on
Saturday last. has excited public opinion here to
the highest degree the Old Catholics rejoicing a.
much as the rival party is indignant. The para
graph, IN its accepted form, reads hus:-"A priest,
or any other servant OF religion, who In the exer
else or In the Occasoning of the exercise OF his call
ing publicly before multitude. or who In church
or IN another pace OF religious assemblies shall
make affairs OF the State the subject OF announce
ment or debate In manner dangerous 10 the public
peace, shall be sentenced 10 Imprisonment or arrest
In fortress to the extent OF two years." The mo-
tion was not accepted unanimously, as may be well
supposed especially dad the extreme liberal ele-
ment see In such extraordinary measure the cur
taillng OF freedom OF speech and conscience, and
the clericas strained every nerve to It's defeat The
Bavarian Minister, Lutz however, carried the meas
ure trumphantly through, and the liberal religious
press here can hardly fnd words enough In his
praise for his success. 1t appeared nevertheless,
rather huniiating confession for Lutz to make,
namely, that was for the German Reichstag de-
eide
WHO WAS TO RE MASTER IN THE BAvARIAN HOUSE
HOLD.
the royal authority or the Romish hierarchy.
Reichensperger, wlndthorst, Bishop Kesteler and
others expended large amount of sopnisticlsm in
battling against the assertion that the Catholic
Church assumed the absolute dominion over the
State and the laws and endeav0red to make this
assumption reality wherever she could but Minister
Lutz, making excellent use of his recent studies on
the ecclesiastical question, won over many from
the opposition to his views especially by his cita-
lions from Bellarmin, from the measures Of the Vat
can Council as well as quotations from the "Civilta
Catholica." Cardinal Belarmn said 1t may be re.
membered, and as quoted bv Lutz, when speaking
Of the indirect power Of the Pope In temporal mat
ters, that "thOugh the Pope cannot dispOssess
princes he can nevertheless change the govern
ments ministers p for others necessary to the well
fare OF the soul; the Pope cannot indeed make
secular laws abolish them. but ne can do so when
such laws necessary for the welfare OF the soul
and the King Will not grant them," &c. or course
this must BE understood as the indirect influence,
and such influence in bavaria IS paramount. Tne
new paragraph ls indeed, very necessary pre-
llminary step towards obtaining
A LESS CLERICAL CAST OF REPRESENTATIVES,
In the Bavaran Chambers for as long as the pulpit
Is permitted to be used as political eiect0nal IN
strument the ultramontane majority wiil continue
In spite OF the people themselves. Lutx told the
Kelchstag that his government had been compelled
to make this m0tlOn ny q nuniDer OF recent occur
renCeS
the Bayarian government had determined TO send
copies OF Minister LUIS answer to the Herr inter-
pelation as to the course the government intended
TO pursue to It's Of1ical5 IN various parts OF the
country. The result was tnat cry OF horror was
sent up from the puplts against TINS measure and
one pastor lof DcppendorD went so far as to warn
his congregation to the following INTENT
WARNING.
"1L has come TO the knowledge OF the pastor that,
as supplements TO anti-tathiul newspapers and IN
other ways-ofcial Ones-printed matters have
Deen distributed and transmitted, these being d.
n
msstatement against the Pope ana bishops espe-
;a n - against Inc as c9Snc ,na , Tne aten
| writings may neither be read nor disseminated
without danger to the welfare Of the SOUL and that
whoever dlssemlnates them with intent falls under
| the heavy penalty Of accommodation"
FALLING BACK ON THE BIBLE.
With such opponents in the land it IS, OF course,
impossible that Minister LUIS answer and other
documents OF similar tendency should ever come
intellectual conviction are vain. rhe question
whether even with the aid OF the new paragraph the
against inc government is not settled to our convlc-
tiUn. The Bible Is book so rich In expressions
against the uagody that IL can be made use or ON
almost any and every occasion. anu plous congre-
Cation Will certainly not misunderstanding the
preacher who calls for the "v.als OF wrath TO 30
poured out upon the heads OF the workers OF In
Iqulty;" and the smarest lawyer IN Bavaria would
not be able to make out an accusation against the
preacher. Against this Won Nleg0lewskl ironically
mouOned that us Russia had caused to be prepared
for ner Catholic subjects
AN ESPECIAL TRANSLATION OF THE BIBLE
Instead or The vuigate, the German government
should prepare an especial edition OF the scriptures
or ITS c1c se % nS
and you may be certain OF this, that what cannot
be uttered from the pnpii ,.,,Sn WIN ind Us
and not less efcaci0us ways; and thus we get
back where we started. Nevertheless, The great
warmly and expect mucn IRON It. The Rheiniscne
Zettuftg thinks 1t marks the turning point IN the
ond great blow given to ultramontane tendencies in
Germany tine first being TIE Emperor reply to the
Prussian blshops). The Weser zeituaa tninAs 1t
promises very important political results. The Mu.
nlch Old Catholic journals thiuk that 1.-THE Lutz
answer broke up the bridge Tor an understanding
between the uitramontanes and the present MINIS
try and the new step OF Minister Lutz has decided
Tor some time to come
THE RIVALRY BETWEEN THE BAvARIAN GOVERN
MENr AND THE ULTRAMONTANE CLERGY.n
Yet the journals doubt whether tho law viii be
iar-reacnng enough. A clerical party that Is de-
termlned TO exert q political influence will not be
nindered greatly by law touching only the small
est part of Their labors. There are certain presty
OF our journals to-day, ''sha we combat the
influence oil the clergy upon the women,
e'e q vast w importance ICE IN political afairs and
an influence which the present measure does not
arects. | am incining more and more 10 the
statesman ana scientist. no." ne said, "it Is no
good IN Dotnering 1a Win the & grown up generaon
now. must begin with the young. Give us the
American school system Of universal, non COMES
free.n American religious affairs formed, bv the
way, an interesting particle Of the discussion in
the Reichstag; and Minister Won Lutz did Us the
honor to say that had he such people as the
Americans to deal with MS motlon would never have
been necessary.
THE "OLD CATHOLICS" IN AUSTRIA.
or other events IN the Bavarlan p0litica-ecclesl-
astical horizon the most Important Ii perhaps the
spread OF Old Catholicism from the Bavarian high
lands across into the neIghbOrlng Austrian Tyrol,
hitherto noted for religious unity and devotion TO
It's spiritual leaders, yet, at the same time, for o
certain rugged love OF freedom. From Kieiersleld-
the priest OF which village was lately excommuni-
cated-lG Is not lar TO .he Tyro borders, and the
border Tyroeans have shown marked
inclination TO repudiate the new dogma.
Thus at Kufstein q much beloved priest,
Ocean Horfurter. mad been heard say that he