The Catholic World, Vol. 13, April to September, 1871

by Various

Article XVI. says: "The dispositions of the civil laws with regard to the creation and the manner of existence of ecclesiastical institutions, and the alienation of their property, remain in force."

Article XVII. The recognition of the juridical effects of the spiritual and disciplinary acts, as well as of any other act of the ecclesiastical authority, belongs to the civil jurisdiction. Such acts, however, are void of effect if contrary to the law of the state or to public order, or hurtful to the rights of private persons, and are subject to the penal laws if they constitute a crime.

Let us take a cursory glance at these cullings from the "guarantees," and see if they conflict at all with the spiritual power of the Pontiff. Before the twentieth of September, 1870, the whole of the city of Rome and the dependent provinces were presided over in spirituals by the Pope, and all of the inhabitants were Catholics, except a few Jews, treated with charity, though not allowed to make proselytes. By this decree the door is thrown open to every sect that chooses to come and try to proselytize the Roman people. They must see as clearly as we do that the last clause of Article II. deals the most powerful and insidious blow at the spiritual power of the Pope in spiritual matters, encouraging his people to spiritual defection, or at least lessening him in their esteem as a spiritual teacher. This is too evident to need further dwelling on, and we pass to the next indictment.

The Pope's guards are to protect him and execute his orders, but inasmuch as they are not on this account freed from the obligations of Italian citizens by the tenor of Article III., it is quite easy to understand how in the course of time elements of discord may arise; and therefore, in the use of his guards the Pope must conform to the civil code of the kingdom of Italy, or take the consequences referred to further on.

Articles IV. and V. regard the library and museums of the Vatican and of other palaces. The original draught of the project declared these collections the property of the state. The criticism it excited on this account brought about the modifications we have here, which substitute inalienability for the asserted right of property, without adverting to the fact that such a modification implies dominion in the one making it, while there is contemplated a possible taking on themselves by the government of the expenses of these museums that certainly points to the same idea.

The VIIIth Article forbids the sequestration of papers and documents of the ecclesiastical authorities merely spiritual in their nature. The inference is that any other documents not merely spiritual may be sequestrated; and, as doubts may arise, who is to decide? Certainly not the church or the Pope, for he is the accused; there is no umpire; and a strong police force is at the beck of the Italian government, and the question will be solved readily.

The XIIIth Article, regarding the ecclesiastical seminaries and colleges, exempts them from the control of the scholastic authorities, but, with regard to their temporal concerns, we are told in the XVIth Article they must be subject to the civil jurisdiction. We leave it to our practical men of America to say whether or not the man who holds the purse-strings and manages the funds has any influence on the people he pays or are paid through him. In the case before us the Italian civil authorities are those who pay, having in many cases the full administration of the funds. We feel tempted to refer to the case of the Roman College, the funds of which have been withheld since the first of January, 1871.

The first draught of Article XVII. was too strong. It said openly: In case of conflict between the civil and ecclesiastical powers, the supreme civil tribunal of the kingdom was to decide. This was toned down to suit better rather tender susceptibilities. The result we have in the clause quoted above, which says the same thing in other words, and in stronger terms, if we look to the penal sanction referred to. Here is the whole pith of the matter. "As long as it is possible for us to get on without dispute," say the government, "all well; but the moment a question arises, we must solve it." Moreover, as the legislative authorities have made the law, they can amend or alter it if they think proper, and there is and can be no guarantee that they will not.

Such are the disadvantages created by the vexed project, which from the amount of discussion it has caused, deserves the title of the Pons Asinorum of the Italian parliament.

There are several points in this law which have some title to be looked on as advantages, relatively to the condition in which the Sovereign Pontiff has been placed since the overthrow of his temporal sovereignty. These are the inviolability of the person of the Sovereign Pontiff, the payment of the monthly sum of fifty thousand dollars, the protection of the Conclave as well as of the Pontiff in the discharge of duty, the immunity of ecclesiastics employed by him, the postal and telegraphic arrangements, and the abolition of the royal 'placet' and 'exequatur.' But it is to be remarked that, on the first place, with regard to some the dignity of the Head of the Church will not permit him to avail himself of them; then with reference to others, they are imperatively wrung from the Italian government by the public opinion of foreign nations; while, lastly, respecting others, the government will always have it in their power to exercise a surveillance that renders the concessions more or less nugatory, and in nowise satisfactory to the people of Catholic and non-Catholic nations.