An impartial observer will find it difficult to justify from these acts the charge of disloyalty to the Empire, but a storm of indignation arose in the Press, especially in the organs of the National Liberal party, and it was supported by those of the Government.
The desire for conflict was awakened; meetings were held in the autumn of 1871 to defend the Protestant faith, which hardly seemed to have been attacked, and a clearer cause for dispute soon occurred. It was required by the authorities of the Church that all bishops and priests should declare their assent to the new Vatican decrees; the majority did so, but a certain number refused; they were of course excommunicated; a secession from the Roman Catholic Church took place, and a new communion formed to which the name of Old Catholics was given. The bishops required that all the priests and religious teachers at the universities and schools who had refused to obey the orders of the Pope should be dismissed from their office; the Prussian Government refused their assent. The legal question involved was a difficult one. The Government held that as the Roman Catholic Church had changed its teachings, those who maintained the old doctrine must be supported in the offices conferred on them. The Church authorities denied there had been any essential change. On the whole we may say that they were right; a priest of the Catholic Church held his position not only in virtue of his assent to the actual doctrines taught, but was also bound by his vow of obedience to accept any fresh teaching which, in accordance with the Constitution of the Church and by the recognised organ of Government, should in the future also be declared to be of faith. The duty of every man to obey the laws applies not only to the laws existing at any moment, but to any future laws which may be passed by the proper agent of legislation. Even though the doctrine of infallibility were a new doctrine, which is very doubtful, it had been passed at a Council; and the proceedings of the Council, even if, in some details, they were irregular, were not more so than those of any other Council in the past.
The action of the Government in supporting the Old Catholics may, however, be attributed to another motive. The Catholics maintained that Bismarck desired to take this opportunity of creating a national German Church, and reunite Protestants and Catholics. To have done so, had it been possible, would have been indeed to confer on the country the greatest of all blessings. We cannot doubt that the thought had often come into Bismarck's mind; it would be the proper and fitting conclusion to the work of creating a nation. It was, however, impossible; under no circumstances could it have been done by a Protestant statesman; the impulse must have come from Bavaria, and the opposition of the Bavarian bishops to the Vatican decrees had been easily overcome. Twice an opportunity had presented itself of making a national German Church: once at the Reformation, once after the Revolution. On both occasions it was lost and it will never recur.