# Lehre und Wehre_St. Louis Missouri_August 1861_S243 # AI translation — CHI Digital Archive (demonstration) The Union and the Lutheran Church in Bremerhaven. 243 and comes in, he has all at once become united, without so much as knowing it, let alone willing it. Only one thing is somewhat unjust in it: all Protestants, all sects have the right and the duty to belong to it, but only the Lutherans and the Reformed supply the preacher. Why should not a Baptist, or even a Mormon, be able to be preacher there? But how does the matter stand with the legal validity of this church order? — By its content and by the history of its origin it conflicts with all law. Its content is the most direct contradiction of the state constitution. According to that constitution the state guarantees the recognized confessions equal civil and political rights. But the highest civil right of a member of a recognized confession is this, that the state in no way restricts his free public exercise of religion. Further, the constitution promises the citizens complete freedom of faith and of conscience. In the city of Bremen it would surely not occur to the senate to challenge the citizens' sense of right by such acts of force; but in Bremerhaven the church order has abolished all these rights with a stroke of the pen. There is accordingly no question at all that, in view of the Bremen constitution, it lacks all legal ground whatever. To this is added the unlawful manner of its origin. If people in Bremerhaven wish to have a united church, then let them unite, throw away their old confessions, and then procure a law that grants them recognition and free public exercise of religion. But whence did the senate, together with those six men, take the right and the power to form a new church fellowship for all the Lutheran and Reformed citizens? Law is here turned right on its head. The senate forbids the formation of a Lutheran congregation in a state whose laws secure to Lutherans the free public exercise of religion, on the ground that it is inadmissible according to the canonical circumstances of Bremerhaven; and the same senate upholds the church order of a congregation whose existence and free public exercise of religion are legally quite unlawful, since according to the constitution a new religious body — which the united congregation of Bremerhaven manifestly is over against the old recognized churches in the Bremen state — can obtain the right to both these things only by an act of legislation on the part of senate and burgher assembly, and no such act has ever taken place. Thus the neck of the law is broken and wrong is proclaimed as right. When now in 1854 all Bremerhaveners could suddenly read, by decree of the senate, in the newly published church order that they had without mercy fallen to the Union, about 80 Lutheran citizens joined together and sent in to the senate a declaration in which they protested against the church order as violating their conscience and confession, and against every union; declared that they wished to remain Lutheran; and asked for the maintenance of the independence of the Lutheran church. Thereupon