Part 16

## parties and the Ultramontanes, who taught that the pope was greater than

the emperor and the Church than the nation. The conflict had already begun in Baden. As in every other country, the control of the schools was the chief object of contention, but the government also claimed a control over the education and training of the clergy. With the formation of the empire the conflict was transferred from Baden to Prussia, where there had been for thirty years absolute peace, a peace gained, indeed, by allowing to the Catholics complete freedom; the Prussian constitution ensured them absolute liberty in the management of ecclesiastical affairs; in the ministry for religion and education there was a separate department for Catholic affairs, and (owing to the influence of the great family of the Radziwills) they enjoyed considerable power at court.

Old Catholics.

The latent opposition was aroused by the Vatican decrees. A small number of Catholics, including several men of learning and distinction, refused to accept Papal Infallibility. They were encouraged by the Bavarian court, which maintained the Febronian tradition and was jealous of any encroachment of the Papacy (see FEBRIONIANISM); but besides this the Protestants throughout Germany and all opponents of the Papacy joined in the agitation. They made it the occasion for an attack on the Jesuits; even in 1869 there had been almost a riot in Berlin when a chapel belonging to a religious order was opened there. During 1870 and 1871 meetings were held by the Gustavus Adolphus Verein, and a great Protestant conference was called, at which resolutions were passed demanding the expulsion of the Jesuits and condemning the Vatican decrees. As the leaders in these meetings were men like Virchow and Bluntschli, who had been lifelong opponents of Catholicism in every form, the result was disastrous to the Liberal party among the Catholics, for a Liberal Catholic would appear as the ally of the bitterest enemies of the Church; whatever possibility of success the Old Catholic movement might have had was destroyed by the fact that it was supported by those who avowedly wished to destroy the influence of Catholicism. No bishop joined it in Germany or in Austria, and few priests, though the governments were ready to protect them in the enjoyment of the privileges secured to Catholics, and to maintain them in the use of the temporalities. There was no great following among the people; it was only in isolated places that priests and congregation together asserted their rights to refuse to accept the decrees of the Church. Without the help of the bishops, the leaders had no legal basis; unsupported by the people, they were generals without an army, and the attempt to use the movement for political purposes failed.

None the less this was the occasion for the first proceedings against the Catholics, and curiously enough the campaign began in Bavaria. The archbishop of Munich had published the Vatican decrees without the _Regium placetum_, which was required by the constitution, and the government continued to treat Old Catholics as members of the Church. In the controversy which ensued, Lutz, the chief member of the ministry, found himself confronted by an Ultramontane majority, and the priests used their influence to stir up the people. He therefore turned for help to the imperial government, and at his instance a clause was added to the penal code forbidding priests in their official capacity to deal with political matters. (This law, which still exists, is popularly known as the Kanzlei or Pulpit-paragraph.) It was of course opposed by the Centre, who declared that the Reichstag had no right to interfere in what was after all a religious question, and the Bavarian Opposition expressed much indignation that their government should turn for help to the Protestants of the North in order to force upon the Catholics of Bavaria a law which they could not have carried in that state.

For twenty years the Old Catholics continued to be a cause of contention in Bavaria, until the struggle ended in the victory of the Ultramontanes. In 1875 the parliament which had been elected in 1869 for six years came to an end. In order to strengthen their position for the new elections, the Liberal ministry, who owed their position chiefly to the support of the king, by royal ordinance ordered a redistribution of seats. By the constitution this was within their power, and by clever manipulation of the constituencies they brought it about that the Ultramontane majority was reduced to two. It does not appear that this change represented any change of feeling in the majority of the people. The action of the government, however, caused great indignation, and in a debate on the address an amendment was carried petitioning the king to dismiss his ministry. They offered their resignation, but the king refused to accept it, publicly expressed his confidence in them, and they continued in office during the lifetime of the king, although in 1881 the growing reaction gave a considerable majority to the Ultramontane party. After the death of the king the prince-regent, Luitpold, still retained the old administration, but several concessions were made to the Catholics in regard to the schools and universities, and in 1890 it was decided that the claim of the Old Catholics to be regarded officially as members of the Church should no longer be recognized.

May Laws.

Meanwhile at Berlin petitions to the Reichstag demanded the expulsion of the Jesuits, and in 1872 an imperial law to this effect was carried; this was again a serious interference with the control over religious matters reserved to the states. In Prussia the government, having determined to embark on an anti-Catholic policy, suppressed the Catholic division in the ministry, and appointed a new minister, Falk, a Liberal lawyer of uncompromising character. A law was carried placing the inspection of schools entirely in the hands of the state; hitherto in many provinces it had belonged to the clergy, Catholic or Protestant. This was followed by the measures to which the name _Kulturkampf_ really applied (an expression used first by Virchow to imply that it was a struggle of principle between the teaching of the Church and that of modern society). They were measures in which the state no longer, as in the school inspection law or in the introduction of civil marriage, defended its prerogatives against the Church, but assumed itself a direct control over ecclesiastical matters.

At the end of 1872 and the beginning of 1873 Falk laid before the Prussian Lower House the draft of four laws. Of these, one forbade ministers of religion from abusing ecclesiastical punishment; the second, which was the most important, introduced a law already adopted in Baden, that no one should be appointed to any office in the Church except a German, who must have received his education in a German gymnasium, have studied for three years in a German university, and have passed a state examination in philosophy, history, German literature and classics; all ecclesiastical seminaries were placed under the control of the state, and all seminaries for boys were forbidden. Moreover, every appointment to an ecclesiastical benefice was to be notified to the president of the province, and the confirmation could be refused on the ground that there were facts which could support the assumption that the appointment would be dangerous to public order. The third law appointed a court for trying ecclesiastical offences, to which was given the right of suspending both priests and bishops, and a fourth determined the procedure necessary for those who wished to sever their connexion with the Roman Catholic Church.

As these laws were inconsistent with those articles of the Prussian constitution which guaranteed to a religious corporation the independent management of its own affairs, it was therefore necessary to alter the constitution. This was done, and a later law in 1875 repealed the articles altogether.

The opposition of the bishops to these laws was supported even by many Protestants, especially by the more orthodox Lutherans, who feared the effect of this increased subjection of all churches to the state; they were opposed also by the Conservative members of the Upper House. All, however, was unavailing. Bismarck in this case gave the Liberals a free hand, and the laws eventually were carried and proclaimed on the 15th of May 1873; hence they got the name of the May laws, by which they are always known. The bishops meanwhile had held a meeting at Fulda, at the tomb of St Boniface, whence they addressed a protest to the king, and declared that they would be unable to recognize the laws as valid. They were supported in this by the pope, who addressed a protest personally to the emperor. The laws were put into force with great severity. Within a year six Prussian bishops were imprisoned, and in over 1300 parishes the administration of public worship was suspended. The first sufferer was the cardinal archbishop of Posen, Count Ledochowski. He refused to report to the president of the province appointments of incumbents; he refused also to allow the government commissioners to inspect the seminaries for priests, and when he was summoned before the new court refused to appear. He was then deprived of the temporalities of his office; but the Polish nobles continued to support him, and he continued to act as bishop. Heavy fines were imposed upon him, but he either could not or would not pay them, and in March 1874 he was condemned to imprisonment for two years, and dismissed from his bishopric. The bishop of Trier, the archbishop of Cologne, and other bishops soon incurred a similar fate. These measures of the government, however, did not succeed in winning over the Catholic population, and in the elections for the Reichstag in January 1874 the party of the Centre increased in number from 63 to 91; 1,443,170 votes were received by them. In Bavaria the Ultramontanes won a complete victory over the more moderate Catholics. The Prussian government proceeded to further measures. According to the ordinary practice towards parties in opposition, public meetings were broken up on the smallest pretence, and numerous prosecutions for insult to government officials (_Beamtenbeleidigung_) were brought against members of the party. The Catholic agitation was, however, carried on with increased vigour throughout the whole empire; over a hundred newspapers were founded (three years before there had been only about six Catholic papers in the whole of Germany), and great numbers of pamphlets and other polemical works were published. The bishops from their prisons continued to govern the dioceses; for this purpose they appointed representatives, to whom they transferred their rights as ordinary and secretly authorized priests to celebrate services and to perform the other duties of an incumbent. To meet this a further law was passed in the Prussian parliament, forbidding the exercise of ecclesiastical offices by unauthorized persons, and it contained a provision that any one who had been convicted under the law could be deprived of his rights of citizenship, ordered to live in a particular district, or even expelled from the kingdom. The result was that in numerous parishes the police were occupied in searching for the priest who was living there among the people; although his habitation was known to hundreds of people, the police seldom succeeded in arresting him. Bismarck confesses that his doubts as to the wisdom of this legislation were raised by the picture of heavy but honest _gens d'armes_ pursuing light-footed priests from house to house. This law was followed by one authorizing the government to suspend, in every diocese where the bishop continued recalcitrant, the payment of that contribution to the Roman Catholic Church which by agreement had been given by the state since 1817. The only result of this was that large sums were collected by voluntary contribution among the Roman Catholic population.

The government tried to find priests to occupy the vacant parishes; few consented to do so, and the _Staatskatholiken_ who consented to the new laws were avoided by their parishioners. Men refused to attend their ministrations; in some cases they were subjected to what was afterwards called boycotting, and it was said that their lives were scarcely safe. Other laws excluded all religious orders from Prussia, and civil marriage was made compulsory; this law, which at first was confined to Prussia, was afterwards passed also in the Reichstag.

These laws were all peculiar to Prussia, but similar legislation was carried out in Baden and in Hesse, where in 1871, after twenty-one years of office, the particularist and Conservative government of Dalwigk[6] had come to an end and after the interval of a year been succeeded by a Liberal ministry. In Wurttemberg alone the government continued to live peaceably with the bishops.

The government had used all its resources; it had alienated millions of the people; it had raised up a compact party of nearly a hundred members in parliament. The attempt of the Liberals to subjugate the Church had given to the Papacy greater power than it had had since the time of Wallenstein.

Reaction against Liberalism.

The ecclesiastical legislation and other Liberal measures completed the alienation between Bismarck and the Conservatives. In the Prussian parliament seventy-three members broke off from the rest, calling themselves the "old Conservatives"; they used their position at court to intrigue against him, and hoped to bring about his fall; Count Arnim (q.v.) was looked upon as his successor. In 1876, however, the party in Prussia, reunited on a programme which demanded the maintenance of the Christian character of the schools, cessation of the Kulturkampf, limitation of economic liberty, and repression of social democracy, and this was accepted also by the Conservatives in the Reichstag. This reunion of the Conservatives became the nucleus of a great reaction against Liberalism. It was not confined to any one department of life, but included Protection as against Free Trade, State Socialism as against individualism, the defence of religion as against a separation of Church and State, increased stress laid on the monarchical character of the state, continued increase of the army, and colonial expansion.

The causes of the change in public opinion, of which this was to be the beginning, are too deep-seated to be discussed here. We must note that it was not peculiar to Germany; it was part of that great reaction against Liberal doctrine which marked the last quarter of the 19th century in so many countries. In Germany, however, it more rapidly attained political importance than elsewhere, because Bismarck used it to carry out a great change of policy. He had long been dissatisfied with his position. He was much embarrassed by the failure of his ecclesiastical policy. The alliance with the Liberals had always been half-hearted, and he wished to regain his full freedom of action; he regarded as an uncontrollable bondage all support that was not given unconditionally. The alliance had been of the nature of a limited co-operation between two hostile powers for a definite object; there had always been suspicion and jealousy on either side, and a rupture had often been imminent, as in the debates on the military bill and the law reform. Now that the immediate object had been attained, he wished to pass on to other projects in which they could not follow him. Political unity had been firmly established; he desired to use the whole power of the imperial government in developing the material resources of the country. In doing this he placed himself in opposition to both the financial and the economic doctrines of the Liberals.

Official changes.

The new period which now begins was introduced by some alterations in the official organization. Hitherto almost the whole of the internal business had been concentrated in the imperial chancery (_Reichskanzleramt_), and Bismarck had allowed great freedom of action to Delbruck, the head of the office. Delbruck, however, had resigned in 1876, justly foreseeing that a change of policy was imminent in which he could no longer co-operate with Bismarck. The work of the office was then divided between several departments, at the head of each of which was placed a separate official, the most important receiving the title of secretary of state. Bismarck, as always, refused to appoint ministers directly responsible either to the emperor or to parliament; the new officials in no way formed a collegiate ministry or cabinet. He still retained in his own hands, as sole responsible minister, the ultimate control over the whole imperial administration. The more important secretaries of state, however, are political officials, who are practically almost solely responsible for their department; they sit in the Bundesrat, and defend their policy in the Reichstag, and they often have a seat in the Prussian ministry. Moreover, a law of 1878, the occasion of which was Bismarck's long absence from Berlin, empowered the chancellor to appoint a substitute or representative (_Stellvertreter_) either for the whole duties of his office or for the affairs of a

## particular department. The signature of a man who holds this position

gives legal validity to the acts of the emperor.

This reorganization was a sign of the great increase of work which had already begun to fall on the imperial authorities, and was a necessary step towards the further duties which Bismarck intended to impose upon them.

Meanwhile the relations with the National Liberals reached a crisis. Bismarck remained in retirement at Varzin for nearly a year; before he returned to Berlin, at the end of 1877, he was visited by Bennigsen, and the Liberal leader was offered the post of vice-president of the Prussian ministry and vice-president of the Bundesrat. The negotiations broke down, apparently because Bennigsen refused to accept office unless he received a guarantee that the constitutional rights of the Reichstag should be respected, and unless two other members of the party, Forckenbeck and Stauffenberg, were given office. Bismarck would not assent to these conditions, and, even if he had been willing to do so, could hardly have overcome the prejudices of the emperor. On the other hand, Bennigsen refused to accept Bismarck's proposal for a state monopoly of tobacco. From the beginning the negotiations were indeed doomed to failure, for what Bismarck appears to have aimed at was to detach Bennigsen from the rest of his party and win his support for an anti-Liberal policy.

Period after 1878.

The session of 1878, therefore, opened with a feeling of great uncertainty. The Liberals were very suspicious of Bismarck's intentions. Proposals for new taxes, especially one on tobacco, were not carried. Bismarck took the opportunity of avowing that his ideal was a monopoly of tobacco, and this statement was followed by the resignation of Camphausen, minister of finance. It was apparent that there was no prospect of his being able to carry through the great financial reform which he contemplated. He was looking about for an opportunity of appealing to the country on some question which would enable him to free himself from the control of the Liberal majority. The popular expectations were expressed in the saying attributed to him, that he would "crush the Liberals against the wall." The opportunity was given by the Social Democrats.

Social democracy.

The constant increase of the Social Democrats had for some years caused much uneasiness not only to the government, but also among the middle classes. The attacks on national feeling, the protest against the war of 1870, the sympathy expressed for the _Communards_, had offended the strongest feelings of the nation, especially as the language used was often very violent; the soldiers were spoken of as murderers, the generals as cut-throats. Attacks on religion, though not an essential part of the party programme, were common, and practically all avowed Social Democrats were hostile to Christianity. These qualities, combined with the open criticism of the institutions of marriage, of monarchy, and of all forms of private property, joined to the deliberate attempt to stir up class hatred, which was indeed an essential part of their policy, caused a widespread feeling that the Social Democrats were a serious menace to civilization. They were looked upon even by many Liberals as an enemy to be crushed; much more was this the case with the government. Attempts had already been made to check the growth of the party. Charges of high treason were brought against some. In 1872 Bebel and Liebknecht were condemned to two years' imprisonment. In 1876 Bismarck proposed to introduce into the Criminal Code a clause making it an offence punishable with two years' imprisonment "to attack in print the family, property, universal military service, or other foundation of public order, in a manner which undermined morality, feeling for law, or the love of the Fatherland." The opposition of the Liberals prevented this from being carried. Lasker objected to these "elastic paragraphs," an expression for which in recent years there has been abundant use. The ordinary law was, however, sufficient greatly to harass the Socialists. In nearly every state there still existed, as survivals of the old days, laws forbidding the union of different political associations with one another, and all unions or associations of working men which followed political, socialistic or communistic ends. It was possible under these to procure decisions in courts of justice dissolving the General Union of Workers and the coalitions and unions of working men. The only result was, that the number of Socialists steadily increased. In 1874 they secured nine seats in the Reichstag, in 1877 twelve, and nearly 500,000 votes were given to Socialist candidates.

Legislation against the Socialists.

There was then no ground for surprise that, when in April 1878 an attempt was made on the life of the emperor, Bismarck used the excuse for again bringing in a law expressly directed against the Socialists. It was badly drawn up and badly defended. The National Liberals refused to vote for it, and it was easily defeated. The Reichstag was prorogued; six days later a man named Nobiling again shot at the emperor, and this time inflicted dangerous injuries. It is only fair to say that no real proof was brought that the Socialists had anything to do with either of these crimes, or that either of the men was really a member of the Socialist party; nevertheless, a storm of indignation rose against them. The government seized the opportunity. So great was the popular feeling, that a repressive measure would easily have been carried; Bismarck, however, while the excitement was at its height, dissolved the Reichstag, and in the elections which took place immediately, the Liberal parties, who had refused to vote for the first law, lost a considerable number of seats, and with them their control over the Reichstag.