No sooner were the minority aware of the intention to take the discussion on infallibility out of its order, than they resolved on sending a solemn deputation direct to the Pope to make urgent representations. Purcell, Archbishop of Cincinnati, was to be the spokesman.[385] But this movement was forestalled by one from the other side. The Synopsis of Notes, written by the Fathers upon the Dogma, was suddenly distributed. This not only marked the resolution of the Curia to press forward, but it accomplished a step in the progress. Either from discouragement, or from a calculation of the futility of the step, the bishops allowed their intended deputation to fall through. They resorted once more to a paper protest, which was signed by sixty-six prelates.[386] The true spirit of an Oriental Court made them conscious that a petition and a surrender were the measures of which they were capable. In fact, as will presently appear, they had passed the stage even of petitioning, and had come to that of hopeless complaint.

As if to console themselves by strong words for doing nothing, they recalled the fact that as soon as the Civiltá hinted that the work of the Council was to be the proclamation of infallibility, all the enemies of the Church had exclaimed that the Holy Father, after having made a pretext of the general good, had really convoked the bishops for his own exaltation. This they had then treated as a calumny. But if the weighty matters already laid before the Council were to be put aside, and nothing was to result from their labours during six or seven months but the one Decree already adopted, with the second now proposed on infallibility, they would find on returning home that those calumnies against the Church would have acquired life and force such as they could not contemplate without deep sorrow.

The sixty-six bishops formally announce that they do not make any request. They simply state their convictions. Again, to prefer requests would, they feel, be no longer consistent with their episcopal dignity, with their position, or their rights, as members of the Council, since they have already learned sufficiently, and more than sufficiently, by experience that any prayers of theirs are so far from being granted that they are not even answered.

Nothing now remains to us but to disclaim for ourselves, as far as may be, all accountability before men, and before the dreadful judgment-seat of God, for the ill-omened events which, beyond all doubt, will soon arise, and indeed are already arising; and of this our disclaimer the present document will abide the perpetual witness.

If the Decree to be pronounced De Ecclesia, putting aside controverted points, aimed only at displaying to the eyes of all men the beauty and majesty of the Spouse of Christ to the greater glory of God and the salvation of souls, how easily might we set forth the whole of the doctrine of the Church; and, perhaps, we might all on the approaching festival of Pentecost, wherein the foundation of the Church is annually called to mind, celebrate it together. Then indeed would a right solemn Pentecost shine upon our Synod, whereof the splendour streaming over the entire world would fill all Christians with mighty gladness. But, alas! so far is such gladness from being granted to us, that it would appear that on the approaching Pentecost we must look forward rather to a day of mourning than to one of joy. The accountability for this would rest on those who—no necessity of the Christian commonwealth demanding it—would, by means of the Council, wave the victor's palm because certain opinions of the schools had triumphed, not over the enemies of the Church, but over brothers, and who would thus inflict the gravest injury upon the Church; injury which, both at the present time and in view of the circumstances of future times, would give cause for abiding fear and pain of heart.

May it please the almighty and merciful God to avert so great an evil from the Vatican Council, and to lead us all by His heavenly grace to a sense of true concord and unity!

Among those who sign are Prague, Munich, Colocza, Cologne, St. Gall, Maintz, Halifax, Clifton, St. Louis, Paris, St. Augustine in Florida, Cincinnati, Chatham, Plymouth, Kerry, Milan, and Sault St. Marie in Michigan.

For us it is hard to account for the fact that language so strong, from men representing interests so large, should be deemed not even worthy of the courtesy of an answer. Why did the bishops not go to the Pope directly?

"Sad as it is to confess it," says La Liberté du Concile, "the Pope does not easily grant audiences to bishops of the minority. Many have been expressly solicited, as to which up to this hour no reply has been received. We know several of the oldest and most respected bishops of France, who have been six months in Rome, and have not yet been admitted to the presence of the Pope. Of those who have been admitted, to none, with two or three exceptions, has the Pope given any opening for conversation on the concerns of the Church, or for exchanging a single word with the Holy Father on the position of affairs."[387]

Quirinus represents the Roman prelates as saying that the German bishops at Fulda had already showed that they felt how unity was to be preferred to veracity. Thus the Curia had implicit faith in the feebleness of conviction, compared with the force of the habit of submission. Only two things would they have feared—a schism on the part of the bishops, or a separation of the Church from the State on the part of the politicians. But they confidently reckoned on the submission of the one, and on the political calculations of the other.

The pretext that all the objections to infallibility related only to opportuneness, had been gradually dropped. In fact, neither side could keep it up, even before the public. It was possible to conceal most of the speeches, and to deny everything that was reported of them; and it was hoped that the secret petitions would never see the light, but tracts and pamphlets could not be so readily hidden. So the Jesuits at last boldly turned round and accused the opponents of attacking the doctrine itself. Observationes Quædem de Infallibilitatis Ecclesiæ Subjecto is the title of one publication, in treating of which the Civiltá said that opportuneness no longer related to the character of the times, but to the character of the doctrine. The doctrine itself was declared to be alien from Catholic tradition,—a new doctrine, and consequently a false one.[388] Ketteler had brought a pamphlet to Rome, in Latin, composed under his authority. It was long detained by the police, but, after vexatious delays, was released. One of the things which exposed him to the charge of being double-faced was the fact that he "hawked" this pamphlet about among the bishops, and yet said that it attacked only the opportuneness of the definition.[389] Hefele said, "You are a Rhine Frank, and the Rhine Franks are clever people. I am only a Swabian, and I cannot see it."

As Bishops Krementz and Namszanowski left Friedrich on April 25, they met Bishop Martin. He told them with delight how the King of Prussia, their own monarch, had written to his ambassador not to trouble himself further with the decisions of the Council. Martin extolled the king to the skies, and declared that he would now make a Prussian Propaganda. But Namszanowski replied, "If that is your idea, you are greatly mistaken. The king at first believed that in Rome one had to do with reasonable and sensible men; but now, seeing that he was misled, he says, "Do what you like, and we shall let you do it quietly. If you adopt conclusions which are injurious to us, we shall draw the sword." That is the language which the consciousness of power inspires."[390]