Bancroft Davis to J. C. B. Davis , Envoy Extraordinary, May 1, 1876

No. 81. Mr. Davis to Mr. Fish.

Sir: Soon after transmitting my dispatch No. 291 to the Department, I requested Mr. Coleman to examine the various laws and papers relating to the National Evangelical (Lutheran) Church of Prussia, which might be necessary for the comprehension of the proposed law inclosed in that dispatch. Mr. Coleman’s subsequent illness, and then his journey to Metz to execute an instruction from the Department, interfered with his performance of this work.

I have now to inclose his detailed report upon the subject. With its aid the Department can see what the proposed legislation aims at, and will be able to comprehend such laws as may be enacted touching the subject, after the railway bill is out of the way.

* * * * * * *

I have, &c.,

Accompaniment 3 to report on Evangelical Church bill.

[Changes from the original draft are indicated, where feasible, by underscoring.]

Bill as reported by the committee.

A law proposed for the organization of the church (Evangelical) in the eight older provinces of the monarchy.

We, William, by the grace of God King of Prussia, &c., ordain, with the concurrence of both houses of the Landtag of the monarchy, for the provinces of Prussia, Brandenburg, Pomerania, Posen, Silesia, Saxony, Westphalia, and for the Rhenish Province, the following:

Article 1.

The synod organs, constituted under these provisions and provided for by the “regulations of church communities and synods,” dated 10th September, 1873, (Laws of 1874, p. 151,) and by the regulations of general synods, dated 20th January, 1876, and attached hereto, shall exercise the following rights, according to the provisions of this law.

Article 2.

Unchanged, except that subdivision 4 reads:

4. The statutory orders, (§ 53, No. 8.) The resolutions necessary for the execution of these rights shall be passed as provided by § 52, clauses 3, 4.

Article 3.

Read, instead of “two weeks,” twenty-one days.

Article 4.

Read, instead of “proposed provision,” proposed provisions.

Article 5.

The direction of the circuit synod exercises the right to make preliminary decisions in cases of haste in accordance with the cosupervision assigned to the synod by § 53, Nos. 5 and 6. (§ 55, No. 6.)

Article 6.

The rights which belong to the circuit synod and its direction, according to articles 2 to 5, are transferred to the united circuit synods, and their directions for the common affairs in the case provided for by § 57, clause 1, when the union takes place with the consent of the individual circuit synods.

Article 7.

Unchanged.

Article 8.

Reads: In the regulation for the united circuit synods of the capital city, Berlin, the right may be given them—

1. To make determination concerning changing, abolishing, or introducing general fees for all the communities.

2. To order general assessments for the following purposes:

a. To make compensation for surplice-fees that are to be abolished in so far as the church treasuries of the communities are not able to meet the deficiency.

b. To grant assistance to poorer parishes to provide for pressing church needs.

If the assessment for this last purpose exceeds three per cent. of the amount of personal taxes (class and income tax) due from the members of the community, permission by state law must be obtained.

The assessments must be levied uniformly and simultaneously in all the communities; and the provisions of § 31, No. 6, of the regulation for church communities and synods, of 10th September, 1873, shall be the basis of the repartition.

Article 3, clauses 3, 4, of the law of 25th May, 1874, shall apply to the resolution concerning such assessments.

It is forbidden to borrow money.

3. To establish a synodal treasury for the reception and use of the assessments levied.

For the bestowal upon the shortly to be established provincial synod, Berlin, of the rights conceded to the provincial synods in this law, a state law shall be necessary.

Article 8–a.

In other places the purposes designated in the above provision can be declared as being general affairs in the sense of article 4 of the law of 25th May, 1874, upon the joint motion of the representation of all or of several parishes of the same place.

Articles 9, 10, and 11.

Remain unchanged.

Article 12.

The state laws take precedence over the church laws.

The King shall not be applied to for his sanction of a law made by a provincial synod, or by the general synod, until it shall have been established by a declaration on the part of the responsible state ministry that the state has no objection to make to the law.

That such is the case is to be stated in the formula of announcement.

Should a church law or a church regulation contradict a state law, the contradiction is to be removed by royal decree upon the motion of the state ministry.

The provisions of this article obtain also within the scope of the church regulation of March 5, 1835, for the province of Westphalia and the Rhine province.

Article 13.

Unchanged.

Article 14.

Unchanged, except that the following is to be added to the first paragraph:

“The consent is to be stated in the formula of announcement.”

Article 14–a.

The entire sum of the assessments determined upon under article 9, No. 3, and 13, No. 2—leaving synodal expenses out of consideration—shall not, for the purposes of the provincial and land church, exceed four per cent. of the entire amount of the class and income-tax of the population belonging to the Evangelical National Church.

How much of the assessments permissible within these limits may be levied by the provincial synods, and how much by the general synod, shall be determined by a national church law.

Church laws which exceed this rate require the confirmation of a state law. The same is the case when church laws direct the imposition of a burden upon communities for community purposes or produce such a result.

Upon the city synod, Berlin, no provisional assessments shall be levied.

Article 15.

Church laws, by which the receipts from the church property or the benefices are applied as contributions for church purposes, (§ 15 of the regulation for the general synod, dated 20th January, 1876,) shall not injure the owners of benefices in such rights as hey may have acquired before the publication of this law, must direct the payment in the everal classes of church treasuries or benefices at the same rate, and require the aproval of the ministry of state.

The approval is to be mentioned in the formula of publication.

The approval shall not be refused if the law has been regularly passed and the contents are in harmony with § 15 of the regulation for the general synod of 20th January 1876.

Church communities which prove that they cannot dispense with the full surpluses of their church treasury on account of needs to be met in the next following years are to be relieved from this contributory obligation for the time being.

The contributions may be collected by the way of administrative execution.

Exception may be taken to the execution within twenty-one days from the receipt of the demand of payment on the ground that the assessment is not in accordance with law, or that the calculation of the amount is incorrect, or that the church treasury is discharged from the obligation to contribute by subdivision 2. The state tribunal passes upon the exception.

Article 16.

Unchanged, except that the concluding words “and 3” are stricken out.

Article 17.

Unchanged, except that the words are to be added to the first paragraph: “The authority to borrow money is not included herein.”

Article 18.

Unchanged.

Article 19.

The administration of the affairs of the Evangelical National Church, (Landes Kirche,) in so far as the same has heretofore been exercised by the minister for ecclesiastical affairs and by the government, is transferred to the evangelical upper-church council and to the consistories as organs of the church government.

The time and the execution of the transfer is reserved for royal ordinance.

Changes in the “colleagual” constitution of these organs need approval by a state law. (Regulations for the general synod of January 20, 1876, § 7, No. 5.)

Article 20.

Unchanged.

Article 21.

Unchanged down to and including subdivision 6, then as follows: (7.) Co-operation in filling church disciplinary offices, or in directing an administration of them by a commission. This co-operation is to be continued within the same bounds as heretofore. It is particularly required that the appointment of the members of the church disciplinary tribunals shall be countersigned by the ministry of spiritual affairs; (8.) Co-operation in introducing or abolishing general church holidays.—(§ 7, No. 4.)

Article 21.

The administration of the evangelical theological faculties of the universities, and particularly the appointment of professors, devolves exclusively upon the state tribunals.

Articles 22, 23, and 24.

Unchanged.

Article 25.

Unchanged, except that the following paragraph is added:

As regards the responsible administration and employment of the state funds for the particular church purposes, nothing is changed by this law.

Articles 26 and 27.

Unchanged.