Office of the Historian

No. 78.
Mr. Davis to Mr. Fish.

Legation of the United States,
Berlin, February 28, 1876. (Received March 20.)
No. 291.]

Sir:

* * * * * * *

I inclose a copy of the proposed law relating to the Lutheran Church, together with a translation.

* * * * * * *

I have, &c.,

J. C. BANCROFT DAVIS.
[Inclosure.—Translation.]

A law proposed for the organization of the church.

A proposed law concerning the organization of the Evangelical church in the eight older provinces of the monarchy, which has just been received by the Abgeordnetenhaus, is as follows:

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

Article 1.

The synod-organs provided for by the “regulation of church communities and synods,” dated 10th September, 1873, (laws of 1974, p. 151,) and by the regulation of general synods, dated 20th January, 1876, and attached hereto, shall exercise the following rights according to the provisions of this law:

Article 2.

The circuit-synod shall exercise the rights assigned to it in the regulation for church communities and synods dated 10th September, 1873, concerning—

1.
The common arrangements and institutions for the Christian works of love. (§ 53, No. 5.)
2.
The cash and account matters of the several communities and of the ecclesiastical foundations within the district. (§ 53, No. 6.)
3.
The cash of the circuit-synod, the accountant of the circuit-synod, the budget of the cash, and the repartition of the necessary contributions of the church cashes and of the communities. (§ 53, No. 7.)
4.
The statutory orders. (§ 53, No. 7.)

The resolutions necessary for the execution of these rights shall be passed, as provided by § 52, clauses 3 and 4; § 51, clause 2.

Article 3.

The communities shall have the right to complain of the resolutions of the circuit-synod for repartition of the necessary contributions to the cash of the circuit-synod within two weeks from notice of the resolution on account of an overburdening as compared with other communities.

These complaints are decided upon by the state officials.

Article 4.

The establishment of statutory regulations within the business jurisdiction assigned to the circuit-synod, which are modified or perfected by the regulation for church communities and synods, dated 10th September, 1873, (§ 53, No. 8; § 65, No. 5,) requires the prior recognition by the state officials, that the proposed provision is not contrary to the law of 25th May, 1874, and this law.

Article 5.

The direction of the circuit-synod exercises the right to make preliminary decision in cases of co-supervision assigned to the synod by § 53, Nos. 5 and 6, requiring haste (§ 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 circuit synods and their directions, for the common affairs in the cases provided for by § 57, clause 1.

Article 7.

If the jurisdiction of a circuit-synod, or of a union of circuit-synods formed according to § 57, clause 1, or of their direction, according to clause 2 of this paragraph, with reference to peculiar arrangements or wants of a circuit, a regulation shall be issued in accordance with the provisions of the clause mentioned.

Article 4 of this law is applicable to the establishment of the same.

Article 8.

The united circuit-synods of the capital, Berlin, can receive, by the regulation for the same, the right—

1.
To establish a synod-cash, and to levy general assessments in the several communities of the district of the synod for the supply of the needs of the church. The assessments must be made equally and contemporaneously in all of the communities, and the provisions of § 31, No. 6, of the regulation for church communities and synods of 10th September, 1873, shall be applied for the proportion of the repartition. Article 3, clauses 3 and 4, of the law of 25th May, 1874, shall apply to the resolutions concerning each assessment.
2.
To pass resolutions concerning the alteration, abolition, or introduction of general fee-lists for all of the communities.

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Article 9.

The provincial-synod shall exercise the rights assigned it in the regulation for church communities and synods dated 10th September, 1873, concerning—

1.
The statutory provisions resolved by the circuit-synods. (§ 65, No. 5.)
2.
The synod widow and orphan funds, the provincial funds and foundations, the cash of the circuit-synod and of the provincial-synod. (§ 65, No. 6.)
3.
New church expenses for provincial purposes. (§ 65, No. 7.)
4.
The application of the amount of the collections to be made in church and dwellings for the benefit of the needy communities of the district, (§ 65, No. 8,) before every assembly of the provincial-synod, or to be annually made in the province. The right to order a collection of such collection does not require the special authorization of an official of the state; but the oberpräsident must first be notified of the time of such collection.
The resolutions necessary for the execution of these rights shall be passed according to the provisions of § 70, clauses 1, 2.

Article 10.

The new church expenses for provincial purposes, (§ 65, No. 7, of the regulation for church communities and synods,) resolved by the provincial-synods are distributed among the cashes of the circuit-synods in accordance with the rules established in §§ 72, 73.

The resolution approving the expense and the repartition, require the approval of the state official. This approval is particularly to be refused, if question arises concerning the regularity of the resolution, the appropriateness of the proportion of distribution, or the ability of the district to pay.

Article 11.

The provisions of §§ 71, 74, of the regulation for church communities and synods, dated 10th September, 1873, concerning the expenses of the circuit and provincial synods, shall be applied as soon as the new synod-organs shall have been organized in accordance with §§ 43, 46, of the regulation for the general synod, dated 20th January, 1876.

Article 12.

Church laws and regulations, be they for the church of the state or for the several provinces or districts, shall only be valid in so far as they do not come into conflict with the laws of the state.

Before a law adopted by a provincial-synod (§ 65, No. 3, of the regulation for church, communities and synods,) or by a general synod, (§ 6, of the regulation for the general synod, dated 20th January, 1876,) shall be handed to the King for his approval, the minister for ecclesiastical affairs is first to declare whether any objection is to be made to the issue of the same on behalf of the state.

Clause 4 of § 6 of the regulation for the general synod, dated 2d January, 1876, is also applicable to provincial church laws.

The provisions of this article also apply to the district of the “regulation for church matters, dated 5th March, 1835, for the province of Westphalia and the Rhenish province.”

Article 13.

The general synod exercises the rights assigned to it in the regulation for the general synod, dated 20th January, 1876, concerning—

1.
The church fund placed under the administration and disposition of the evangelical (Oberkirchenrath) upper church council, (§§ 11, 12.)
2.
New expenses for purposes of the state church, (§ 14.)
3.
Applying the receipts from the property of the church and from the benefices for contributions for church purposes, (§ 15.)

The resolutions necessary for the execution of these rights shall be passed in accordance with the provisions of § 32, clauses 2, 4, and 5.

Article 14.

Church laws by which new expenses for purposes of the church of the state shall be approved, (§ 14 of the regulation for the general synod, dated 20th January, 1876,) and the final agreement between the general and the church government concerning the distribution of the assessment among the provinces (§ 14, clause 2, of the last-mentioned law,) require the approval of the minister of state to become valid.

The royal ordinance concerning the provisional establishment of the proportion of distribution (§ 14, clause 2,) must be countersigned by the ministry of state.

The subdistribution in the provinces of Prussia, Brandenburg, Pomerania, Posen, [Page 133] Silesia, and Saxony shall be made according to article 10. The subdistribution in the province of Westphalia and in the Rhenish province shall be made according to § 135 of the regulation for church matters, dated 5th March, 1835. The list for the distribution among the circuit-synods shall be approved in accordance with article 10, clause 2, and that for the distribution among the communities in accordance with article 3.

Article 15.

Church laws by which the receipts from the church property or from the benefices shall be applied for contributions for church purposes (§ 15 of the regulation for the general synod, dated 20th January, 1876,) must order the payment in the several classes of church-cashes or benefices in like percentages and require the approval of the minister of ecclesiastical affairs.

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

The contributions can be collected by way of administrative-execution.

Exception can be taken to the execution within two weeks from the receipt of the request to pay, on the ground that the assessment is not in accordance with law, or that the calculation of the amount is incorrect.

The state official decides on these complaints.

Article 16.

The direction of the general synod exercises the rights assigned it in §§ 11, 12 of the regulation for the general synod, dated 20th January, 1876, and has the administration of the cash of the general synod. (§ 34, No. 6.)

The resolutions necessary for the execution of these rights shall be passed in accordance with § 35, clauses 2 and 3.

Article 17.

The evangelical church of the state shall be represented in its property affairs by the evangelical upper church council, (Oberkirchenrath,) in association with the direction of the general synod. (§ 36, No. 4 of the regulation for the general synod, dated 20th January, 1876.)

Instruments of writing to bind the church of the state must show in their execution that the direction of the general synod took part in the resolution, and require the signature of the president of the evangelical upper church council or his attorney, and the seal of office.

Article 18.

§§ 38 to 40 of the regulation for the general synod, dated 20th January, 1876, is applicable for the expenses of the general synod, its directors, committees, and commissions, and also for those of the synod-council.

Article 19.

The administration and the direction of the affairs of the evangelical church of the state, in so far as this has been with the minister of ecclesiastical affairs, is transferred to the evangelical upper church council, and in so far as it has been with the governments, to the consistory.

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

Article 20.

Nothing is changed by this law in the jurisdiction of the officials with reference to the presentation affairs, and the ecclesiastical affairs of the military and of the public institutions.

Article 21.

To the state officials remain—

1.
The order and execution of police regulations necessary to uphold the outer order of the church.
2.
The regulation of contested building affairs for church, parsonage, and sexton’s buildings, and the provisional execution of the decisions in this case.
3.
Collection of the church taxes.
4.
The keeping of the church books in so far as these are records of the civil status.
5.
The issue of certificates concerning the facts which entitle to dispensation from costs.
6.
Co-action in changing existing parishes or forming new ones.
7.
Co-action in filling offices of the church administration or ordering an administration of the same by a commission.

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Article 22.

The resolutions of the organs of the church require to become valid the approval of the supervisory officials of the state in the following cases:

1.
The purchase, sale, or mortgaging of real estate.
2.
The sale of objects having a historical, scientific, or art value.
3.
Loans, in so far as they do not only serve a temporary purpose, and cannot be repaid from the receipts of the same period.
4.
In the introduction and change of the list of costs.
5.
The erection of new buildings, to be used as churches or for parsons or servants of the church.
6.
The establishing or changing of burial grounds.
7.
The publishing, preparing, or carrying out collections outside of the church-building without prejudice to article 9, No. 4.
8.
The use of the property of the church for other than the fixed purposes. Gifts from the cash of the church to other communities or for the support of evangelical institutions, if they do not exceed in each case 2 per cent. of the total amount of the receipts of one fiscal year, and altogether do not exceed 5 per cent., do not require the approval of the state officials.

Article 23.

Gratuitous grants and grants made by testament or last will are subject to the law of 23d February, 1870.

Article 24.

The organs of the church do not require authorization from state officials to carry on suits at law.

Article 25.

The state official has a right to examine into the administration of the property of the church, and for this purpose demand the budgets and accounts; also to make extraordinary revisions and to insist on correction of anything found to be contrary to law, by using for this purpose the means allowed by law.

Article 26.

A royal ordinance will determine which state officials are to exercise the rights mentioned in articles 3, 5, and 8 of the law of 25th May, 1874, and in articles 3, 4, 7, 8, 10, 15, clause 5, articles 21, 22, 25, of this law.

Article 27.

All the provisions contrary to this law, to the regulation for church communities and synods, dated 10th September, 1873, §§ 2–5, and to the annexed regulation for the general synod, dated 20th January, 1876, be they contained in general laws of the land, provincial, or local laws or orders, or be they based on observance or custom, are hereby abolished.

Officially, &c., authenticated minister of ecclesiastical, school, and medical affairs,

FALK.