The first consul found the affairs of the (Roman) Catholic church in great disorder. Sworn and unsworn priests assailed each other in violent controversies, and divided their flocks. Buonaparte’s advisers almost unanimously recommended him to abstain from interfering in the religious question, assuring him that the advantage he could reap would be but small, while the difficulties were infinite; and that it would be better to leave the Church itself to pacify, as it could, its internal struggles. The new chief of the state did not adopt this advice, and opened negotiation with the Holy See. We are assured that he confessed, fifteen years afterwards, that this was the greatest mistake of his reign.
A Concordat was signed between the first consul and the legate of Pius VII., on the 26th Messidor, year IX. (15th July, 1801). This re-establishment of the alliance between the temporal and the spiritual powers was necessarily destined to react upon the position of French Protestantism.
The pope had strongly insisted that the (Roman) Catholic religion should be proclaimed as the state, or at least as the dominant religion. Neither the one nor the other of these pretensions were admitted, lest, as the negotiator of the consular government stated, the supposition might be excited of the return of an intolerant and oppressive religion. The following declaration was merely inserted in the preamble of the Concordat: “The government of the Republic recognises the Catholic, Apostolic, and Roman religion, as the religion of the great majority of the French people.”
This was nothing more than the enunciation of a simple fact. Nevertheless the council of state conceived that it was bound to remove any interpretation that might be unfavourable to the Protestants. We read these remarkable words in a report submitted to the Consuls in the beginning of 1802: “While the government has declared that Catholicism is in the ascendant in France, it has not intended to authorize any civil or political pre-eminence in its favour. It has simply signified the priority of the measures it has taken to secure the independence, which it proposes to guarantee to all creeds. Protestantism is a Christian communion, which unites in the same belief and the same rites a very great number of French citizens. On that ground alone, this communion is entitled to the protection of the government. In other respects it deserves marks of consideration and favour. Its founders were the first to spread liberal maxims of government in Europe; they gave an impulse to morals, philosophy, and the useful arts and sciences. In later times, the Protestants were the first to hasten to the standard of liberty, and have never deserted it. It is, therefore, the duty of the government to insure its protection to the peaceable assemblies of this enlightened and generous minority of citizens, met together in their temples with the praiseworthy view of hearkening to the precepts of the religion of Christ.... Everything that is secured to the different Christian communions by the articles agreed upon between his holiness and the government of the Republic, is equally guaranteed to the Protestants, with the exception of pecuniary subvention.”
The Protestant pastors were therefore to receive no salary from the public treasury, while the bishops and the priests had one. This was returning to the decree of the Constituent Assembly, which granted incomes in effect to the ministers of the (Roman) Catholic creed only, but different reasons were relied upon. The Constituent Assembly regarded the salary of the clergy as an indemnification for the loss of their property. The council of state of 1802, left out this consideration altogether. It justified its intention of paying the priests without paying the pastors, upon three grounds. Firstly, certain expenses might be imposed upon all for the interest of the majority. Next, the voluntary offerings raised by the priests for the maintenance of the (Roman) Catholic worship, begot prodigality and abuses, which, for different causes, did not exist among the Protestants in the same degree. Finally, “in the articles agreed upon between the head of the Roman church and the government of the Republic, the burden imposed upon the State was compensated by the right acquired by the government, to interfere directly and efficaciously in the administration of the Church by its nomination of the principal ministers and its control over the subordinate ministers.”
Thus there arose two very distinct positions for the (Roman) Catholics and the Protestants. For the former, a state salary, but also the intervention of the government in the appointment of the bishops and cantonal curates: the civil power provided the money, and by its money acquired the right of interference in the affairs of the Church. For the latter, no salary, but also a full liberty of internal action [was permitted]. [There was to be] no sacrifice of money on the one side, no sacrifice of independence on the other.
In reality a decree of nine articles was drawn up, on the 21st Ventose, year X. (12th March, 1802), by which there was no question [admitted] but of general measures of police and common right for the communion of the Protestants. Buonaparte wrote in the margin of the minute of this decree, that two articles were wanting,—one respecting the oath of the Protestant ministers, another respecting the manner of their appointment; but the project went no farther.[138]
It may be thus seen that the Reformed communion narrowly escaped completely realizing the separation of Church and the State. The obstacle came from the first consul, who, anxious to secure authority over Protestantism by the oath and the appointment of the pastors, felt at the same time that he must, in compensation, support the Reformed faith at the cost of the public treasury; and out of the desire to possess this influence flowed the law of the 18th Germinal, year X. (7th April, 1802).
If we had proposed to ourselves to write observations upon the history of French Protestantism instead of relating the history itself, we might ask what would have been the destiny of their churches, and what would be their position to-day if Buonaparte had adopted the advice of his council of state, and had left them wholly independent without granting them any endowment. Opposite opinions might be maintained upon this question with equal good faith; but the examination of this subject would lead us away from our subject.
The historical fact, which is the only point that engages our present attention, is, that the majority of the Protestants, both pastors and laity, right or wrong, hailed the law of the 18th Germinal as an inestimable favour. They cared less for the sacrifice of a part of their religious independence than for the advantages they hoped for from a state endowment; in which they beheld two great advantages,—a legal and incontestable recognition, and the official pledge of a perfect equality with the Roman Catholics.