16 “Testimony of Martin Stephan, August 10, 1838,” 116.
17 Forster reports the woman’s family name was Welzel, a sister of theological candidate Welzel. The courts record confirms the woman from the Haber congregation who accused Stephan of illicit relations was Walter.
18 “Dresden District Court Records,” Anhang B, 918 C, vol. 3 (unpublished ms., St. Louis: Concordia Historical Institute; Dresden: Der Amtsakten Library), 55–57. The letter Caroline Dittrich wrote to Attorney Marbach is included in these transcripts. Walter O. Forster did not have access to these records as indicated on page 72 of his book. He claims that it was not clear who filed these charges. However, there were statements that P. F. Hanewinkel had access to these records he transcribed for Professor W. H. T. Dau. At the time of Forster’s writing these records were in the possession of Dr. O. Fuerbringer. Over a century and a half later, Kurt Spillner, a theological student at Oberuesel University in Germany transcribed the handwritten records of the court on all the charges as well as the interrogations and testimony given under oath. Spillner typed these court records in German. He sent them to Concordia Historical Institute in 1986. They were translated for this biography by John Conrads and Naomi Stephan.
19 “Dresden District Court Records,” 54b.
20 The letter that Wilhelmine Hahn wrote to Caroline Dittrich is on file at Concordia Historical Institute and the Saxon State Library.
21 “Dresden District Court Records,” 53–57. Another version of this phrase was offered above and thought by German scholars to be a more accurate translation.
22 Walter O. Forster, Zion on the Mississippi (St. Louis: Concordia Publishing House, 1953), 72.
23 Akten des Amstgericht, Anhang B, vol. 3 (Dresden: Amst Akten Library), 918, C, 55–57.
24 Akten des Amstgericht, 58–67.
25 Akten des Amstgericht, 67–80.
26 Koepchen, “Martin Stephan and the Saxon Emigration of 1838,” 93. The king did not just drop the charges as some historians like Forster, Vehse, and Mundinger have suggested. The king was given the full file of the charges and testimony by Pastor Stephan. For three days the king studied the case. On the basis of what he read and studied, he issued a verdict to dismiss the charges again Martin Stephan as groundless charges. Stephan was notified informally on October 24.
IV
EXODUS
14
Final Preparations
While all the hearings and trials were in session and new legal actions named Pastor Stephan as alleged embezzler and philanderer, the Emigration Society continued to make the final preparations to leave in the fall of 1838. According to Koepchen on September 4, 1838, 675 people signed up to emigrate with Pastor Stephan and his friends, 240 of whom were from Dresden and vicinity. Other passengers were church members of the six other pastors who were part of the “Old Lutheran” movement. These pastors were E. G. Keyl from Frohna; Pastor Buerger in Lunsenau; Pastor G. H. Loeber from Eichenberg; Pastor C. G. Gruber in Paitzdorf; and Pastors O. H. Walther from Langenchursdorf and C. F. W Walther from Braunsdorf. Among the 665 passengers were a number of followers from Leipzig and neighboring villages.
Setting out for New York or Baltimore as first suggested by Dr. Kurtz would mean a shorter voyage across the Atlantic in the spring when there were fewer severe storms. However, the latter’s final suggestion of Missouri was the chosen destination, and the group braced themselves for a tough journey to New Orleans and then St. Louis.
The Emigration Society moved right ahead for the November 3 departure from Bremerhaven in spite of the fact that their leader was still suspended, often in court and under house arrest. The intensity of this barrage of charges was motivated in part by the desire to harass the emigrants and prevent them from leaving Germany. Marbach and Vehse had already planned in June 1838 to leave with the Society, with or without Stephan.1 Although it may seem incredible that the leaders of the Planning Committee would leave without their leader whose vision had inspired a trip to the new world, Marbach and Vehse found it essential to leave without Pastor Stephan, if necessary, because so many people put their lives and money on the line and quit their jobs.
In spite of that decision by leaders of the Planning Committee, some Saxon Emigration historians portrayed Stephan as an autocratic, authoritarian leader. After the fact, Vehse, Forster, Mundinger, von Polenz, and others charged that Stephan made decisions on his own because no one dared to oppose him. They said the Society planners followed blindly. Stephan was portrayed as a leader who demanded obedience in all things, and that many members of the Emigration Society feared differing or opposing Stephan for fear of his anger. Some went so far as to charge that Stephan controlled the treasury, determined the date of sailing and the voyage destination, as well as the final site of the community settlement. William Koepchen, however, writes a different story of Stephan’s leadership and interaction with the clergy and attorneys. Not only was the Planning Committee elected from among those interested in emigrating to America, but attorney Eduard Vehse was elected treasurer and Adolf Marbach, Eduard Vehse, and Pastor G. H. Loeber handled the booking of the ships. Other members of the committee handled all the supplies needed for the trip. Even though Stephan may have been outspoken at times, the earlier picture sometimes painted is a total misunderstanding of the organization and leadership of the Emigration Society.2
At the end of June 1838, the preparations for the proposed emigration had advanced so far that the Dresden Planning Committee felt justified finalizing the sailing arrangements made earlier by Pastor Otto Herman Walther with Bremen ship brokers. On July 3, 1838, attorney Adolf Marbach and H. E. Fischer, a merchant, left Dresden for Bremen to charter the necessary ships and make all other arrangements for their provisioning and furnishing. A letter of credit for 4,435 Thaler was deposited with the ship brokers. The contract signed July 14, 1838, was for five seaworthy and fully manned ships to be ready to receive passengers by November 1. The ships assigned to them were the Copernicus, Johann Georg, Republik, Olbers, and Amalia. The 179.20 Thaler expenses for these two men to travel to Bremen to book the ships was charged to the general treasury. The 106 Thaler expense of the earlier trip to Bremen by Pastor O. H. Walther was also charged to the treasury.3
Prior to making sailing arrangements the Emigration Society planned for more than a trip. They were working on establishing a spiritual community in the New World. In preparation for their spiritual journey, they developed an ambitious and rigorous set of regulations or codes, as they came to be known. The codes included details of when, how, and where to go, individual behavior on the journey, governance of the group, acquisition of land and final settlement, and how to finance the project (the Credit Code described earlier). According to this remarkable document, article 4, “Place of Settlement” stated, “The place for the settlement in the United States of North America shall be chosen in one of the other western states like Missouri, or Illinois or even in Indiana.” St. Louis was the scheduled second stop on this voyage after landing in America at New Orleans. In St. Louis, they planned to rent large homes for the Society members to live in while they sought a permanent home. The first groups to arrive were delegated the job of finding the right rentals for the rest of the community.
One key aspect of the well-regulated loan or credit treasury was to pay for transportation expenses of the emigrants to St. Louis, for the purchase of lands, and for the maintenance of church and school. This credit treasury allowed those who lacked the funds to borrow from it with interest. All of those emigrants sailing to America willingly agreed with their signatures to the credit rules and regulations. They paid their money into the fund or borrowed from it. The total amount of money placed in the fund was US$80,900. Those who deposited money in the account were to receive 8 percent interest. Those who borrowed money were to pay 10 percent on their loans.4 The profit from the interest on the loan was used for administrative fees and for expenses such as changing currency to American dollars when they arrived in
America. All emigrants placed money in the Credit Fund on their own initiative. The sum of 117,264 Thaler in gold was collected for these purposes.5 The first deposit was made into this treasury in Dresden, July 5,1838, by the first accountant appointed by the Planning Committee, attorney Dr. Eduard Vehse. Vehse was not a member of the original Emigration Society and had joined only six months before the final preparations to sail had been made.
A dispute between creditors and debtors arose about expenses charged to the Credit Fund while en route to America and again in St. Louis. A new regulation inserted in article 9 of the codes quieted the dispute, although Attorney Marbach would bring it up again at a later date. His challenge to the fund would mark a major break in the trust Stephan placed in him. It was the original Credit Fund manager, Vehse, who would later make accusations that Stephan made too many lavish purchases and had not repaid money borrowed.
This conflict over money was only the beginning of the turbulence in the stormy waters of the Society. However, the Planning Committee was willing to pay not only for Stephan’s passage, but also for his entire family. The regulations stipulated that Pastor Stephan and the other pastors were to be paid salary while on the trip to America. The criticisms about this payment began only after fear spread about the declining balance in the Credit Fund. This temporary insolvency was not the result of careless management of the group’s books.6 There were many unplanned charges to the fund in addition to the salaries of the clergy.
The Planning Committee purchased a large theological library, a pipe organ, a collection of church music, instruments for a band, communion vessel, vestments for the clergy, and many other things for church and school activities. The pastors, candidates, and teachers were also given living expenses and advances in addition to their salaries from this account. They spent money as if there was an endless supply of it.7 It is easy to see how the seeds of discontent were sowed early in the trip.
The financial contracts of these emigrants are noteworthy. These written regulations for the final settlement of the community are remarkably sophisticated and thorough in legal detail. The travel and civic regulations were a very descriptive and detailed plan of the colony’s intention to form a mutually helpful and organized community. (See Appendixes A–D.)
Article 7 of the general regulations stated that the responsibility for all ecclesiastical and municipal expenses is a five-year obligation to raise the monies to support churches, schools, and towns. It goes on to state that everyone will contribute according to his or her means. Members who live outside the municipality of the community are expected to share in the cost of the church, schools, and municipal government. It appears that no one took exception to this commitment. They wanted to make the Society work.
In article 8 the members pledged to give each other mutual support. By joining this society they promised to act in a Christian manner toward each other and to assist one another with words and deeds. Then, a disclaimer is added that they intend in no way to imply that they are developing a communal settlement. Each person may own, buy, and sell property as he or she chooses.
As the plans for emigration to America progressed, Julia continued to face caring for her seven surviving daughters, of whom three were teenagers and one was only ten years old. The three deaf girls lived with their parents. One can imagine that she realistically assessed the difficulties of the journey and the risks to her children. At some point she realized that she could not or did not want to go with her husband and her son. However, remaining alone in Dresden meant that she would have to secure some support and legal guardianship for her children.
Martin V kept these family judicial records, which he gathered and summarized sometime later than the actual events. He included filings and decisions of the municipal court and the court of appeals regarding their care. It is not known why these hearings were so late; the court case was not heard until the day before Stephan was scheduled to leave for America. Julia filed her case for support in the Dresden municipal court. Attorney Ernst Krause was the family attorney who dealt with the children’s final legal guardianship and support. On October 25, 1838, Julia appeared before the court and told them her husband had resigned from his position. She said that the guarantee of income for her support and the amount was unknown and still in question at this time, since he did not yet have a new job. She asked that she receive ownership of three coupons (promissory notes) in the total amount of 1,100 Thaler. Martin’s annual income had been about 250 Thaler in salary from the church, and about 400 Thaler from perquisites (weddings, baptisms, and funerals). Julia indicated that Mr. Krause would inform her of the actual amount of income she could expect from her husband’s pension fund. She was conciliatory in her tone and did not wish to bring up any legal matters that would prevent her husband from going to America.
These proceedings and receipts regarding the coupons were to be given to the chief of police. This was presumably done to inform the sometimes hostile authorities that preparations were being made to care for his family, so they would not add any more challenges to prevent Stephan from leaving the country. The following court proceedings, dated October 25, 1838, were entered in the family record. The report is not an exact translation and has been made consistent with ordinary English:
Appearing in the municipal court, Mrs. Julia Adelheid Stephan declared that her daughters would not follow their father to America but rather stay with her, whereas her son Martin, fifteen years of age, would accompany his father.
At this time Mrs. Stephan also declared that she would support her daughters from her own resources. She did not at this time demand support from her husband since he was without income at this time anyway.
To provide for her daughters she should have a little relief since she was expecting some type of a pension, and also because three of her daughters would be living in an Institution for the Deaf [apparently free of charge]. Attorney Krause [attorney for Stephan and the family], who happened to be present, declared that Mr. Stephan had every intention to support his family; but he would not want to force the daughters to follow him to America. According to Krause, it was Mr. Stephan’s intention to support his wife and daughters as soon as he had established a colony in America, and he would have income. He would, of course, reserve final decisions for himself.
Mr. Krause petitioned the court to make an expeditious decision since the departure of Mr. Stephan was scheduled for the following day [October 26, 1838].
Signed: J. A. Stephan and Ernst Krause.8
In order to coordinate all his legal issues pending, attorney Krause petitioned the high appeals court. This record was most difficult to translate because of the age of the document as well as the old German vocabulary and handwriting style. Much of the following is paraphrase, not an exact quotation:
To the High Appeals Court:
According to the attached documents, Mr. Stephan intends to depart immediately for America and will take his fifteen-year-old son with him. His wife and his daughters, all of whom are minors—and three are deaf—did not follow Mr. Stephan’s request to go with him. Also, the mother has declared that she would support her daughters from her own resources. In addition, the father, Mr. Stephan, and his attorney, Krause, have given assurance that the support for the daughters will be accomplished. Therefore, there should not be a need to refer this matter to the Court of Chancery [dealing with underage children and guardians].
Even though there could be concerns that, after the departure of Mr. Stephan and his fifteen-year-old son, Martin, Mrs. Stephan and her seven daughters could become burdens to the city, the fact is that the support can be adequately provided by Mrs. Stephan from her own resources, as she herself has declared.
Mrs. Stephan has also declared that no support can be expected from her husband, because he has no resources, not even for providing a bond of some sort.
Without waiting for a ruling of the High Court of Appeals regarding the Stephan children, we appeal to the court to expedit
e the process, and allow for Mr. Stephan’s departure.
Dresden, October 25, 18389
The following reply was received from the court on October 26, 1838, at 1:00 p.m.:
A decision was issued by the High Court of Appeals and forwarded to the county directorate and the municipal court that the court found no reason to prohibit or delay the emigration of the former pastor, Stephan.
Also, the concern about the intention of the young son, Martin, to avoid military service by emigration is not considered valid. Therefore Mr. Stephan and his son are granted permission to depart.
The decision regarding possible guardianship for the Stephan daughters is still pending. Issued October 25, 1938, by the County Directorate.10
Before Stephan left for America, attorney Krause negotiated a property settlement with Julia that allowed for her to keep Martin’s share of some property they owned together, in return for no claim on any of the goods that came to Mrs. Stephan from her side of the family, especially a sizable amount from her uncle Leonhardt Knoebel. Julia assumed a 300 Thaler mortgage payment until Martin would begin receiving a salary again. Stephan’s departure was delayed by two weeks, and a warranty deed was issued and certified on November 13, 1838, two days before he finally sailed.11 Attorney Krause continued to serve as the attorney of record for Stephan. It appears that Krause also served as the guardian for the seven daughters and helped mediate other financial matters that came up as late as 1844.
The nature of these preparations signifies mostly the parents’ willingness to work together to find mutually satisfactory solutions for the children’s care. These were essential decisions, especially for the handicapped daughters. Their parents cleared the way so that it was possible for them to enter the Taubstumm Institut in Dresden, where they went after Stephan departed for America.
In Pursuit of Religious Freedom: Bishop Martin Stephan's Journey Page 15
