The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1876-01-23
GERMANY.

ioeO'J buo tnc0LT0 Oh no iItIi6 pcTtuT OoIiou,
by reason of prosecution instituted by q
local clerk, named Kastalsky, against
Herr Nietsch, the priest in charge of the
place, for refusing to administer to him
the Sacrament of Penance. The facts ap-
pear to be these :-Kastalsky Joined last
protest against the famous Papal En-
cyciical OF February, addressed to the
German BishOps. Herr Nietsch could not
avoid knowing this, as well as every one
else in the locality. When Kastalsky pre-
sented himself for Confession, Herr ME-
tech could not administer him the Sacra-
ment OF Penance unless he was willing to
withdraw, in the presence of q witness,
his signature to this protest. Kastalsky
did not agree to this, and SO the affair
rested for q time. Later on came the re-
port, in the newspaper, of the conviction
and sentence of Father Gabriel (the Ca
puchin of Ehrenbreitstein) and thereupon,
pushed on by others (so at least it is ru
mored), Kastalsky instituted proceedings
in his own case. The court has
decided that the refusal to admit to
confession is an "unlawfnl means of pun
ishment injurious to the reputation of the
person concerned." and sentenced the &C
cused TO y fine $50 marks (97 1851 or ten
days imprisou The pablc proseeu-
tor conducted himself in the management
of the case with great moderation he asked
for only 60 marks of fine and FIVE days i'm
prisonmept.
This makes the fourth case in which the
civil magistrates have held that Confession
is subject to their judicial control, al
though inasmuch as it is portion of a
sacrament, !t is eminently a matter falling
within the domain of purely ecclesiastical
things. Already four clergymen have
been sentenced in this business of Confess
sion: ~ Father Gabriel of Ehren bre,tstein,
to three months imprisonment (2) Chap
lain Richter, of Ebersdorf (Silesia), to a
fine of Is marks or FIVE days. imprison
ment (3) Chaplain Nietsch, of Kstscher,
to a fine Of $50 marks or fifteen days. i'm
prisonment. The fourth case, that of
(Posen), has not yet been decided. And
yet Prince Bismarck's special organ, the
Norddeutsehe Ali9emine Zeitang, cooliy as
serts that "the May laws do not in any
way attack the purely interior domain of
the Catholic Church"
The case of Herr Richter, of Ebersdorf,
deserves special attention. 1t WAS OBJ
served, in the course of the proceedings
by The magistrate and prosecuting cou nsel,
that the accused could neither explain the
incriminated act nor defend himself from
the charge, siDce he would thereby be vio-
lating the secrecy of confession. And he
was even asked by the magistrate whether,
abatracting from this condition of the af-
fair, he had any remark to make, where
upon he observed that the making a
Catholic priest responsible to a civil Judge
for what had passed in the confession, one
of the most sacred things in the Catholic
Church, was most rank injustice. The
accuser, one Rupprecht, was the President
of his upe, aud the priest was charged
with unlawfully employing spiritual means
of punishment wiz, the refusal of absolu-
tion), in order to deter an official person
from the discharge of the duties of his Of
fee. AS indicated above the priest was
sentenced to a ane of Is marks OF three
days imprisonment.
The Catholic Association of 1Idin1.-Last
July the Court OF Appeal AT Munster gave
judgment in the case of this association,
ordering dlssolntioH throughout Prnssian
territory. sentencing ita president, Baron
Felix Won Loe, and the m sm bers of Its &C
tive council to fines, because these gentle
men had violated the Prussiau law con
corning political associations by founding
local Catholic associations In Prussia, and
aff1liating them to the great association of
Mainz. An appeal from this decision was
taken to the highest Prussian court, which
has just affirmed the decision of the West
phalian tribunal. In its Judgment the
BeTl'H court has pointed out that, accord
ing to the laws of Prussia, any persons
who are Prussian subjects, or residents
within the Prussian territory, and who be-
long to any xtra-terrtorial association
which is contrary TO the Prnssian laws, or
which, for Prossian territory, has been
ordered by the decision of "A competent tri-
bunal, or even by the police in the exer-
else of their special authority in such mat
tiers, such persons will be liable to prusecu-
ton aud punishment by fine aud i'm
prIsonment if they continue to be members
OF the forbidden association or to take any
part in it's proceedings.
IreUes.-We learn from the Hochwald
(near Treves) that the practitioners of Berg
LIGHT, having learned that their parish
priest, Herr Gotthard, had signified to the
Government bis acquiescence in the May
laws, have quite separated themselves from
him. They even bury their dead them
selves, large number of the Pensioners
making point of assisting at the funeral,
as if to make up for the absence of the
priest. Tho parlsh church has remained
closed all through the Jubilee.
1t begins to be really little doubtful
which was the victor ard which the van
quished in the France eTman war of 1870
Il. France, which paid the great indemn-
itv with euch marvellous rapiGity ia he