Caught between the horns of this dilemma, the commissioners could only say that the explanation required was already contained in the word police, police regulations being in their very nature regulations directed to secure public order. "I replied", continues the Cardinal, "that this was not true, at least in every language; but even supposing it to be true", said I, "where is the harm in explaining it more clearly, so as to remove any mistaken interpretation which may be prejudicial to the liberty of the Church? If you are in good faith, you can have no difficulty about this; if you have difficulty, it is a sign you are not in good faith". Pressed more and more by the force of this dilemma, and unable to extricate themselves, they asked me "what advantage do you find in this repetition you propose?" (for they continued to hold that the word police expressed it sufficiently). "I find in it a very signal advantage", replied I; "for by the very fact of restricting in clear and express terms the obligation of making public worship conform to the police regulation, we exclude restriction in every other ease, for inclusio unius est exclusio alterius. Thus the Church is not made the slave of the lay power, and no principle is sacrificed by the Pope, who in that case sanctions only what cannot be helped, for necessitas non habet legem".
This reasoning overcame the commissioners, who had no further answer to make. It was resolved to add to the article an explanatory phrase, which should narrow its meaning, and preclude the possibility of unfair interpretations in after days. The amended article read as follows: "The Roman Catholic Apostolic religion shall be freely exercised in France: its worship shall be public, regard being had, however, to such police arrangements as the government shall judge necessary for the preservation of the public peace" (quas gubernium pro publica tranquillitate necessarias existimabit). The Concordat was thus finally agreed to by the commissioners of the two contracting parties; and although Bonaparte had declared himself determined to allow no change to be made, his representatives resolved to sign the document, modified as it was. To this step they were strongly urged by Joseph Bonaparte, who, with keen insight into his brother's character, declared, that if before signing they should again consult Napoleon, he would refuse to accept the amendment, whereas, if the Concordat were brought to him already completed, he would be reluctant to undo what had been done. Joseph charged himself with the task of endeavouring to secure the First Consul's consent. On the stroke of midnight the six commissioners placed their signatures to the important document. Not a word was said about any other articles save those contained in the Concordat itself.
Another anxious night followed. In the morning Cardinal Consalvi learned from Joseph Bonaparte that the First Consul had been at first extremely indignant at the change which had been made, and had refused for a long time to approve of it; but that at length, thanks to his brother's entreaties and reasons, after protracted meditation and a long silence, which later events sufficiently explained, he had accepted the Concordat, and ordered that the Pope's minister should be at once informed of his consent.
Universal joy followed the announcement of the signing of the Concordat. The foreign ambassadors, and especially the Count de Cobenzel, came to congratulate the Cardinal, and offer their thanks, as for a service rendered to their respective countries. On the following day Bonaparte received the six commissioners with marked courtesy. Ever true to his duty, the Cardinal took care, on this occasion, to make Napoleon observe that the Holy See had not uttered a single word about its temporal concerns throughout the whole course of the negotiations. "His Holiness has wished to prove to France, and to the world, that it is a calumny to accuse the Holy See of being influenced by temporal motives". He also announced his own speedy departure within a few days.
Next day he was suddenly summoned to an audience of the First Consul. For some time he could not detect the object Napoleon had in view in engaging him in conversation, but at length he was able to perceive that it was the Consul's intention to appoint some of the constitutional bishops to the new sees. With much difficulty the Cardinal convinced him that the appointments of these men would never receive the sanction of the Holy See, unless they made a formal declaration of having accepted the Pontifical decision on the civil constitution of the clergy.
During the ensuing three or four days the Cardinal had no private audience. On the eve of his departure from Paris he saw Napoleon at a review at which he and the rest of the diplomatic body assisted according to custom.
It was his intention to address, by way of leave taking, a few words to the First Consul before they left the saloon; but when that personage proceeded to make the round of the room, and began by conversing with the members of the diplomatic body, at the head of which stood Consalvi, he looked for a moment fixedly at this latter, and passed on without taking the slightest notice of him, or sending a word of acknowledgment to the Holy Father. It was probably his intention to show by this public slight how little he cared for a Cardinal and for the Holy See, now that he had obtained all he required from them, and to make this insult the more remarkable, he delayed for a considerable time to converse on indifferent topics with the Count de Cobenzel, who came next after Cardinal Consalvi, and then with the other ambassadors in turn. The Cardinal retired without awaiting his return from the review. When he had just finished his preparations for his departure, which had been fixed for that evening, the Abbé Bernier made his appearance at the hotel to announce that it was the will of the First Consul that between them they should come to some understanding about the Bull which, according to custom, was to accompany the treaty. It was in vain to refuse, and this new labour imposed on the Cardinal another sitting of eight hours. He rose from the table to enter his carriage, and after travelling day and night he reached the Eternal City on the 6th August, more dead than alive, overcome by fatigue, and with his legs so swollen that they were unable to support him. The Pope received him with indescribable tenderness, and expressed his perfect satisfaction with all that had been done. A special consistory of all the Cardinals in Rome approved of the Concordat, which was solemnly ratified thirty-five days after it had been signed at Paris.
Thus was completed the great act which has been fruitful of so many blessings to Europe, and for which, under God, the Church is indebted to the wisdom of Pius VII. and the firmness of Cardinal Consalvi.
It was long before the Concordat was published at Paris, and when at length it did appear, what was the pain of the Holy Father to find, together with the treaty and under the same date, a compilation of the so-called organic laws which were put forth as forming part of the Concordat, and included in the approbation of the Holy See! Of the organic laws it is enough to say, that they almost entirely overthrew the new edifice which Cardinal Consalvi had found so difficult to erect. In spite of the solemn protestations of the Popes these laws still remain, but they remain as a standing proof of the dishonesty which Cardinal Consalvi has shown to have marked the entire conduct of Napoleon Bonaparte in the negotiations for the Concordat.