The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-28
GERMANY And TIE PAPACY.
An Official Statement from Prince
Bismarck.
The FRINGE Authorizes the Herald to Repre-
sent the Prussian Case to the
American People.
BERLIN, Feb. IL, IS7l.

am authorized to state that the rumors circu-
lated chiefly by the English press to the effect that
the French government had been compelled to
cede TO German influence in the recent measures
1t has taken In ecclesiastical AFFAIRS The
acts OF the French Ministry were spontaneous
The steps lately taken at Versailles were not the
result OF any demand from the German govern
ment. Any interference IN the internal affairs OF a
foreign State is contrary TO German policy and
custom. The imperial German government has
merely reserved to itself the right OF proceed
ing against the French bishops according
to French law for the offence Of lese-najeste;
but 1t is altogether erroneous to pretend that
the German government has made any demand
whatever upon the French government Upon
the other hand, however, 1t Is for Germany to
judge whether the satisfaction which is offered by
France win dispense her from the necessity OF
having recourse to French legislation and justice
BIsMARCK's CASE.
The Prince Chancellor Of the German EMPIRE
moreover. declares that the friendly testimonies
he has received relative to the latest debates in
the French Chamber OF Deputies, both by letter
and telegraph. are 30 numerous that he ID unable
to reply particularly to each Of them. He, there
fore. desires to make a general acknowledgment
OF his lively gratitude for the many proofs oil con-
1dence which have been given him from all parts
Of the German Empire and from foreign countries.
am also authorized to state tnat the Prusslan
government has presented two new projects OF law
to the Landtag, designed to complete the laws OF
May, 1873, which regulate the relations between
the State and Church The text of these two pro-
jects OF law, and statement OF the reasons upon
which they are based. have been courteously COM
municated to me by Prince Bismarck Tor trans
MISSION to the NEW YORK HERALD, and are as fol-
lows
LAW OF THE nth OF MAY, 1873 ON THE EDUCATION
AND APPOINTMENT OF ECcLEsIAsriCs. -
ARTICLE 1.-The law OF the 11th Of May. 1873, is to
be interpreted meaning that the presentation to
prevail gwen to sucn presentation, violates the
prescription Of sections 1-3 OF the SAID law
ey take pace m the me oe io
the same law OF before TINS nomination, Or before
The expiration OF the delay accorded by the same
section Is to allow tue entry OF a protest.
ART. 2-Ihe penalty decreed by the twenty-third
section the law of 18th OF May, 1873 attaches to
every ecciesiastlc VINO exercises the functions OF
Church employment without being able to iur.
to sections l-3 OF the said law to an employment
authorizing him to exercise said functions, or to
situation oi substitute or auxiliary III similar
office.
ART. 3.-When an ecclesiastical employment be-
comes vacant the President Superior (0i the
prOvince) has the right TO order the sequestration
OF the living lcAattes, revenues, &c> OF the place
F1TSt-1ne vacant employment Is conferred con-
trary to the prescriptions OF sections l-3 OF the
.!Sec0nd-n there acts which lead to the belief
that the presentations to the employment will not
take place comfortably to these prescriptions.
The sequestration extends TO the entire tenn
poralitles OF the see, and includes all revenues,
receipts and presentations The President Superior
appoints commissary, who executes the Sc
legally filed or until provisional substitute mas
been appointed according to the law-admlnlsters
nuctrQ Mt ap-
questrati0n are taken by the administration. The
commissary exercises with tui legal effect, all the
legitimate rights belonging to the legitimate utu-
The expenses of the administration are betrayed
from tue revenues OF the place.
EXPLANATION OF THE MOTIVES OF THE ABOVE Law.
The resistance which the Roman Catholic bishops
have offered to the execution OF the laws OF the
been most marked against the Jaw OF the 18th Of
May relative TO the education and appointment OF
ecclesastics. The reason OF this Is that the pre-
scripti0ns Of this law came into immediate practi
cal effect; as result the hostile conduct OF the
episcopacy and the clergy which depends on It has
lea to an open revolt against the law OF the State
In order to repress everywhere such conduct with
the decision absolutely demanded by the
authority OF this law 1t Is necessary on the
one side to dssipate an uncertainty which has
arisen In the Interpretation OF the law. and, on
the other hand, there are some other compliment
tary prescriptions to be established to prevent the
law from being eluded, as mas been tried or TO
assure the action OF the law IN lace of the Oppos-
ton which goes on increasing, by the creation Of
more efficacl0us means OF repression
The present project proposes to achieve these re-
suits IN proposing in the first article an nterpreta
ton OF the penal enactments OF this law in the
second, completing OF the penal enactments;
lastly, In the third article new means OF repres.
sion by the sequeSLratlOn OF the temperatures OF
the see against the Introduction OF eccleslastics
illegally appointed to employments IN the Church.
On each OF the points the following observations
remain tU be made:-
ARTICLE 1.-The want of an Interpretation Of
l. Of the law Of the 18th OF May, ISIS, leads to the
refusal on the part OF the inferior courts to apply
the penal enactments Of sections ~ and rs except
In those cases where protest has been made on
the part OF the President Superior against nOmi-
nation to Church employment, aud as conse-
quence these tribunals acquit in cases where the
candidate has not been designated by name to the
President Superior, as section Is requires. This
Interpretation 10 produced chiefly by the wording
OF section H. which appears to establish dis
tinction between those nominations which violate
section and those which are made before the ex-
piratiOn OF the delay granted to enter a protest.
Such an Interpretation should be considered I'M
sound. in the sense that the terms OF section IL
''Or take place before the expiration OF the delay
accorded to enter a protest''-ought not, and
could not, nave ior object TO indicate as null and
employment made without reference to the pre
ecrlptons OF section but these terms, as clearly
shown by the wording oil the original draft, were
only admitted into the law on the proposition Of
the Commission OF the Chamber OF Deputies to
introduce las Is said IN the report of the Commits
ment in the wording, with the object o. completing
what the said paragraph proposed.
PRoJRcr OF LAW ON THE ADMINISTRATIONS OF VA
SECTION LIN Catholic hishoprc OF which the
see Is vacant the religious rights and functions
tached to the episcopal charge, together or sepa-
rately-ln SO lar as these rights and functions do
not concern the administrations OF the property OF
the bshopric-are not to be exercised untl the in
6tallatOn OF q bishop recognized by the state ex-
cept according TO the following dispositions OF the
present law
SEC. 2.-Whoever wishes to exercise episcopal
rights or functions OF the nature pointed out in
section must address. to the President Superior
OF the Province o communication in writing on
the subject specifying the extent OF the rights
which are to be exercised; in addition he must
produce the ecclesiasticai commission which has
been given to MIN, ana furnish proof that ne pos
sesses the personal qualities on which the law OF
the 18th OF May makes presentations to eccleslast
Cal employments depend. He must declare at the
same time that he is ready to make promise on
oatn to remain faithful and Obedient to the King
and to OBSERVE the laws OF the state.
SEC. 3.--ln the ten days after the reception OF
this communication the President superior can
enter y protest against the exercise Oh the rights
aud functions OF bishop. as explained IN section
!. In the protest to be entered the prescriptions
OF section Id hnd their application. In this meas
nre the appeal to the courts Tor ecclesiastical