No. 139.
Mr. Bancroft to Mr. Fish.
Berlin, June 17, 1872. (Received July 3.)
Sir: How to deal with the Jesuits in Germany became a topic of earnest consideration only a few weeks ago; and to-day, after a debate of live hours, the Diet has come to a decision such as was expected to be arrived at ultimately, but which goes beyond what had been expected of the present session.
The first form of a measure against the Jesuits was founded on the principle that no man can at the same time owe allegiance to two different powers, and that a member of the society of the Jesuits is so devoted to the head of his order that he may be considered as capable of primary allegiance to no other power. It was, therefore, suggested that the German Jesuits should be considered as having forfeited their German citizenship by their vows of allegiance to a foreign chief, and so be liable at any time to receive notice to depart from the German soil; yet [Page 191] it was objected that the German, thus deprived of his indigenous character, would be left without a country, and could nowhere rightfully claim residence.
When, in 1767, the Jesuits were expelled from Spain and sent to the papal dominions the Pope himself would not suffer them to land and they were compelled, for a long time, to beat about upon the Mediterranean. This first-proposed solution of the question soon fell into disfavor. The next suggestion confined itself to the application of German law to the case. The inter-citizenship of Germans, of all the German states, is established by statute. It was proposed to except the Jesuits from this right of establishing themselves where they please within any German territory; so that a Jesuit of Bavarian birth might be confined to Bavaria. But this suggestion found in the Parliament very little favor, from its feebleness and inefficiency.
The members of the Parliament, therefore, resolved to prepare a measure of their own; and they did it in a manner which, I believe, has never been practiced in Congress. The Diet is not divided into two parties, but into a variety of factions, such as the conservative, the free conservative, the German national, the anti-national or so-called center, the liberal national, the party of progress, and the extreme radicals. These parties assembled, each in its own caucus, to deliberate on the subject. The committees from those of them most favorable to German union met in conference and constructed a bill, which they agreed to move as a substitute for the bill of the government. Accordingly, today they brought in their amendment:
The order of the Society of Jesus, and its kindred orders and congregations, are excluded from the territory of the German Empire. The founding of their establishments is forbidden. All existing establishments are to be dissolved within six months. Foreign members of these orders or congregations may be banished from the empire. Native members may be refused residence, or compelled to residence, in fixed districts or places.
The amendment was carried, by a vote of 183 to 101—a great vote when it is considered that the minority was composed, in part, of liberals and radicals and socialists, who objected to the measure, not from any want of sympathy with the majority, but from fear of a precedent. The number of votes friendly to the Jesuits did not exceed 63.
Two circumstances are worthy of your attention on this occasion. First, the measure is the spontaneous act of the Diet, and goes far beyond anything which the council of the German Union was willing to propose, though not beyond what it is willing to accept. Next, it is an enactment of the German Parliament for all Germany, and becomes the law even for states and provinces where the Catholics form a majority.
The tendency of the public mind has been further manifested by a proposition made by a member of Parliament, and supported by liberals of all factions, requesting the chancellor of the empire to prepare and lay before the next session of the Diet a law making a civil marriage in all cases obligatory.
I remain, &c,