The Express.
London, England, 1858-03-12 00:00:00

TBB OBRAT PICPUB CABL

•
In the Imperial Court of Paris, before M. Detangle,
Peseident, a remarkable case has just been decided, of which
we have been furnished by our Paris correspondent with the
following account
On June 6, 1853, two French ladies had audience of the
Pope. One of them was of middle age ; the other in the de-
cline of life ; both belonged to the wide-spread and influen-
tial society of Picpus. They came from afar, and, prostrate
at the feet of the common father of faithful catholic', they
implored his permission to leave an asylum in which they
had lived for many long years, and in which they had hoped
to die. The younger of the two urged her request with such
importunity i'lat the holy father thought fit to rebuke her.
She melted into team, and asked fur pardon and mercy.
While the Sovereign Pontiff, moved by the distress
of the supplicant, stretched out his hand to blase
her, the elder lady advanced, and with a raw-
lute accent never before heard to proceed from her lips,
for she was the most humble, the most devout, and the most
timid among religious women, said, "For my own part,
Holy Father, I will never return to Picpan end I will never
marine that my fortune and that of my ancestors shall be
expended in a work different from that to which I intended to
aFply It." The holy father made no reply. The worldly
name of this lady was the Marquise de Guerry ,• in religion
she was known as Setter Rather. She acted up to the
resolution which she announced to the Pope. Sbe left Pie-
ria, and brought an action against the community for the
restitution of her fortune. The amount of her claim was
1,200,000 francs The Civil Tribunal of the Seise dismissed
her complaintrend prohibited the publication of any report
of the trial. From this decision she appeal, dto the Imperial
Court of Paris, which authorised the publication of the pro-
ceedings, and, as it will be seen, ultimately reversed the judg-
ment of the wart below.

M. imileolii;ier, itienpport of the appeal, said :
The Marquise de Guerry lived for 33 years in a religious
society, called the Congregation of Picpus. During this long
period she devoted to the society her entire life, her ener-
glee, and her fortune. She now asks that her fortune should
be restored to her. But I plead for her honour as mirth as
for her money. She asks from the court not only the resti-
tution of a patrimony unjustly detained, but also a moral
approbation, and that testimony which has already been
accorded to her by a host of delicate consciences, that if this
action is well founded in law it is still more so in the point of
view of probity, honour, and religion. The Marquise de
°neer,' was born the 6th October, 1783. She is descended
from the families of D'Avaray and De Grave. Her youth
was pared amidst the tempests of the revolution. In the
wing time of her beauty she saw her family dispersed ; her
uncle fied with the Count de Provence; her father was killed
at Quiberon, on July 12, 1796, at the attack of Fort
Penthilne. In 1803 she married the Marquis de Garry,
whom she lost during the Hundred Days; he was killed on
the 10th June, 1815, while fighting in the ranks of the
royalist bands. So many Was acting upon a mind which
always had a religious turn drove her to renounce the world.
All the props of her house were broken; eh* resolved to seek
a support which would never give way ; she orrerated
herself to God. Amore the religions foundations of
the time was one known es the Institute of the
Barred Heart of Jesus and Mary, afterwards called
the Congregation of Picpus, from the name of the
street in aria where its principal hones was situated. This
institution was founded in 1793 by the Abbl Condrin and
Mdlie. Artier de la Chevalleris, who, like Madame do
Garry, were victims of the revolution. It was composed of
two branches, one of men, one of women. The men by their
preaching typified the evangelical life of Christ •; the women
His private ids, by their perpetual adoration. The congers!
lion was never authorised by the temporal power. In 1817
its statutes were spproved b a ball, sod plumb; bat some
points remaining to be regtt the Pope reserved power
to reconsider them, and, pursuant to this reservation, a brief
of Leon X 11., of August 19, 1826, sanctioned the final regu-
lations. !declaime de flurry, at first, and on August sth,
1819, took private vows, for family reasons, but after the
death of her father-in-law, in 1841, the devoted herself en-
tirely to the community, and was thenceforth known only as
Sister Esther. The founders of Picpue died in 1834, and
wan succeeded by Madame Viart, who wee commonly called
"the Christian heroine." Madame de Guerry became se
much attached to her se she had been to her predecessor, and
she placed under her unreserved control all the property
which, from time to time, devolved upon her. Un-
fortunately, the founder, Father Goudnn, dying, was
succeeded by Moreigteur Bohm* archbishop of
Chalcedonies His first thought was how to change
the old rules of the community. He began by
various trifling alterations, which were but means to ea
end. In order to gain partisans among the sisterhood he
studied their various tastes and propensities ; to those whose
appetites were purely spiritual he ordered half an hour's
extra prayer., and to those whose leanings were in another
direction he allowed an extra dish of good solid food, instead
of requiring them to conform to the spirit of poverty and
mortification in accordance with which the Mae of diet had
been framed. But the great changes which he proposed were
thew I. According to the anginal rules, the superior
general of the men had no direct jurisdiction over the superior-
general of the women, nor over the sisterhood. The two
governments were peeler:* distinct; the superior-general
had only a right of surveillance. M. Bonamie proposed to
subject the superior-general and all the sisters to- his direct
authority. 2. According to the original rules, thewer of
the lady superior-general was monarchies], eaxedtngpo to the
doctrine of St. Bennet, and oonformably to the spirit of all
religious orders. M. Bourne desired to sourest It into an
oligarchy, to transfer the power of the ledyauperice to councils
of sisters. 3. According to the original roles, the lady
superior-general was chosen by local Wien superior, ap-
pointed ad hoe by the lan lady superiargeneral, to
whom were added ten of the senior sires of the
principal house. M. Bonamie proposed that all the
sisters assembled in their respective chapters should
have the right to name an dearer and that these
elenzessee should meet in Paris, under the preaidencyof him-
self, to choose a lady superior-general. The object of these
changes was to quote the words of the Bishop of Chartres
on the subject, " to exercise an unlimited domination." It
may perhaps be objected that a man who wished to dominate
would never increase the number of electors. But when we
find that in every house of this community there is • local
superior, a priest who is the confessor of the sister, end that
this confessor is ordered to refuse the sacraments of the
church to all who oppose the superiorgensralcatEx
Gregory XVI. himself who accuses the Bishop 0(
of this abase of power, and when we consider that only
ladies of extraordinary courage and self-confidence can be
expected to struggle against such powerful inflamer it will
be preceived that the Bishop of Chartres was right when he
said that to augment the constituency was to obtain absolute
domination. But what was the end proposed ? " Power
for the sake of power" is a sufficient motive for some minds,
but we have something beyond that here. I again quote the
Bishop of Charter, who his said, " The Bishop of Chalce-
donic, will not let go the women, because they are the pos-
sessors of the Hellen of the community." There is the
reason. The brethren naturally took past with the
Bishop of Cheloedonis, for they are almost all
poor, and were fed by the sisters, who occasional)y
told them so, in all kindness and charity of course but still
in the mar distinct way. Notwithstanding, however, the
manifest interest of the brethren, so strong was the respect
for the old rules that the votes were equal on the bishop's
scheme (18 against 18), and It was only weir by the art-
Mg vote of the bishop himself. The decision was confirmed
by • papal brief of March 24, 1840. The skein, who did
not at first understand the bearing of the new rules, hesi-
tated. But as soon as they did understand they wired
energetically. Mesdames de Viart and de Cherry were not
guided in their resistance by the same motives which ani-
mated the aggressors. To them the question was one far
above any orsideratious of gold and silver. They bad be-
come members of this congregation rather than of any other
because they were persuaded that the founders were endued
with supernatural wisdom. They had sought a refuge from
the fatal principle (fatal in their eyes) which prevailed in the
world—that of the sovereignty of popular election. They
desired, in a spiritual order of things at least, to perpetuate
the peincipis of legitimacy and the transmission of power by
divine right. Thus political joined to religious convictions, 1
and a profound admiration for the foundresa of the order,
Ctheir conduct. To propose any change whatever to
otes Visit and de Guerry waa to wound their dearest
allectione, their religious faith, and their family traditions. A
feud which can only be compared to the Weeds. struggles in '
a cloister of the middle agree commenced in the community, and
raged for many years. [Here the learned advocate, at great
recounted the history of the quarrel, and read a great
Id= curious correspondence now quarrel,
to light for the
first time. The following is the most remarkable purge in
this pert of his speech]
To profess one thing and to do another; never to
a purpose, but only the mode of punning it ; to threetnn4:
order to appeer formidable, and to yield in order to appear
magnanimous ; when a question is about to be solved, to dis-
tort it in order to keep the real object in the background,
and to throw out in strong relief some hide'
Wean' detail ; when an adversary cannot be re-
fated to weary him with perpetual eqtdvecatien ;
to make promises readily being resolved to be bound by
none ; to hold that anything is permissible when the miens
of denying everything are seemed ; In address all the lower
parlous, prow and covetousness for the of
sad
vanity for the high ,• sad to stifle every sentiment of justice
sad charity—web lam been in all time theartl6oes of
those ambitions of deueleatien, and snob were the artifices of
Monseigneur the Blabs, of Chakedoniet"
Madame Vied died in IN" midis tin _even wee at its
height. She was unreeled by liselswe Osemenews Jobert, a
Steele vereseseenisti der the dim by Medics There's will.
The starched had &seed Nab= de Gerry, bat she
refused to sea* the neeni=ead wiled Mr sisters
obey the wishes of the „sad to choose
Madame lobert. This wee dean, IrCeidadems Joliet
wascompan sant for to Rome.
ape, She mind Idwiesse Eite
Ae ssa:
y her. The P beim sowing to any de-
nied that both Madame lobar* sad the Weep of
should fletpl. The bet readily caseated ; the knee with
diessity. -The Pops, being premed an all sides, ism/ two
deems, which were in diemetrioal contradiction with awe
ether. The Ant rebelled eny innovation, end the mead
wads a fundamental eon It ninetioned, if set the entire
scheme of the lee* ef amiendenle, at hest that semstial
pert of It which altered Ow eisedeml riles, and derived the
stows of the nlrOaed seemed le theca by the aid seetettes.
tinder the idaaseof the kip, a sister bearing the maw
name es the ibwedress, Meiame -hymn de la Chemiria, •
si es ety--te sat of roe iere—whe he sow-
timed isrd foe parade, bsi beat set of slight whoa
shilling to be down, wee hady sorrier. tinder
thew &Malaise ihe Novi* el thrwrioriedMkt

the community. Could she do so P Yes. Was she obliges
to accept the decree P It is impossible to my so withal
running mantes t• all the principles of common
sense and the catholic. religion. There are in the
church precepts end counsels. Connate only bind ad
ravenous. A life of professed religion ia a thing lyfagin
counsel, and not in precept. The vow is a contact not obli-
gatory beyond its terms. Consequently it can only be pro.
nounced in accordance with a settled nits : Regulator yea
*mittens projeuiotsen vase cornea regulate It may be per-
petual or temporary. It cannot, aye St. Thomas, go beyond
the intention and the will of the person who makes it. It
follows that no change in the rules of an institution, the
members of which take vows, can be forced upon them. This
is the doctrine of all writers on the subject both sand lied
profane. (11. °lnvite here cited the example of the Fran-
deans, the dissentient portion of which body oeparated from
the parent stem, with the permission of Pops Urban IV.
took the)same of the " lirbanista of St. Claire.") hiea...
de Gallery made many attempts to make an amicable settle-
ment with the community. She at first valued the amount
due to her at 1,200,000 h. She ultimately offered to
take 800,000 fr. Picpus, after offering 500,0, to tom.
protein, reduced its offer to 300,000 L, and ultimately re.
fund to pay anything whatever. An arbitration offend
by Madame de Onerry was refused, and at last, in
1866, this action was commenced. The congregation
of bishops, pressed by the Bishop of Cbaloseknis, pronounced
against the separation. They did not, however, order Ma-
dame de Guerry to return to Picpus ; it was impossible. To
have done so would have been as criminal as to have denied
a dogma. But what they could not do directly they endea-
voured to effect by prayers, by cunning—pions cunning, ig
you will. They would not kill outright ; oh, no 1 they
would merely refuse fire and water; they placed Madame de
Gunn in a moral state of siege. These indignities armed
her with new courage. She declared that she considered
herself secularised, and, resuming berth's of a Marquise," in
order that the world might know the person who had beat
buried in a religious order for so many years, she has apt ealed
to the laws of the country. At first she met with great HM-
I adders. She took the opinion of M. de Vatismeenil. His
view of the ease was this "All the contracts made with the
community are," he said, " valid. But they were condi-
tional upon the observance of the regulations. The regula-
tions have been altered, and the consequence is that the con-
tracts have become void, according to Article II." This
reasoning tacitly admitted the legality of religious
ansociations not recognised by law, and on this
ground I could not adopt it. You cannot tome
to the law for protection, when you are in open rebel-
lion against it. Our codes say, most justly, that a person in
contempt cannot be heard to plead. I said to the Marquise
de Guerry :—You invoke the protection of the laical law;
you must begin. by reconciling yourself with that law, and
must confess that you have been wrong in acting for so many
years in defiance of its precepts. In your present state you
have no legal existence, and you cannot be bend to mak
the language of common law. To act thus will not be to
calumniate your peat life, bat only to regret it. The mem.
ululated virtues and noble actions of your life may well
amble you to admit an error. She followed my advice, but
not without pain (id. 011ivier here discussed at great length
the question as to the precise amount due to his client). He
showed that the Marquise de Guerry could not have per.
goodly disposed of any part of her fortune since her entry
into the community, the rule, requiring that the smallest sum
of money to be expended by a sister must be asked fur by her
on her beaded knees, from the superior, even if it were only
wanted to relieve a village cord in distress, to repair a churth
bell, or to rave an old servant from starving. The
Asters can possess nothing of their own, nogg
woollen clothing, chemises, stockings, gowns, and petticoats,
which they ere allowed to have marked with their
names. The entire abdication of all personal property is
such a strict rule with all religion orders that the Church
Mane absolution as having died in • state of mortal sin,
to every person (being in religions orders) in whose
don any property may have been found concealed, The
Pope himself cannot dispense wit e observance of this
role. St. Thomas a Aquinas is oft this opinion-4111th
doctors of the Church have adhered to it; and the Council of
Treat, that last ecumenical council which may be sad to be
the yet living summary of Catholic dot:arias gives this doe-
Dine its sanction. Since the law of 1826 the principle for
which I am now contending bas been often attacked, and his
always come out triumphant from the ordeal. It was pro-
claimed in 1828 by the Court of Paris in the affair of Most.
maitre ; In 1832, the Council of State advised the Rovers-
meet to act upon it; and accordingly in 1831, 1832, and
1843 the government did apply this principle to the Trappide
and Capuchins. Moreover, in 1846, Chamber of-tte•
poise in spite of the eloquence of the honourable advocate
sow opposed to me (M. &wryer), declared on a
famous occasion that the laws reap aims religious inetitatime
way still in existence. I, therefore, feel grieved when I hug
it said that these are laws of hatred, born of the peasieme al
the worst times. Laws of hatred, made by listides.
adopted by Charlemagne, approved by St. Louis, tom&
dated by Louis XI V., and renewed by Napoleon I.! If them
men were haters of the catholic religioa, where will you ad
it. lovers P Religious orders mast be compelled to obey tie
law, for otherwise the court of Rome would have a swell
and indefoligable militia working in the dark, whose long
arms would 'stretch to the extremest parte of the world. Aa
extraordinary argument was presented to and adopted by the
court below. It was add that inasmuch as a non-authorised
religions society could not be a plaintiff in a court of justice.
no action could be brought against it. It would follow ham
this strange posttion, that a corporation of this sort might
receive whatever was given to It, but could not be made to
pay its dells--a position which is absurd.
Collider concluded his brilliant and learned speech as

we be again told that we are closing asylums for
Infancy and misfortune? I reply that you are the cause—.
you who will not suffer others to work by your side in the
house of the Lord. Will you speak of holy virgins sent forth
penniless to the world? I answer, Norma has five millions
of francs, and when it pays us our due It will still have four.
I ask in my turn what is to Mame of those who have
followed the Martinis, de Gerry In her secession? Speak
not of religion. If you loved religion you would never have
provoked this action; you would have accepted the arbitra-
tion offered to you, and would never have obliged me to me.
duce the documents which I have read. When you speak of
religion, of liberty of worship, and liberty of conscience, I
think of one of the finest parables in the Gospel. biz day/
before Hater, Jesus came to Bethany. Mary anointed his
list with ointment, and wiped them with her Lair, and the
whole house was filled with the perfume. Judas then said,
Why was not this ointment sold for three hundred pence, and
gives to the poor ? And the Gospel adds, This he mid, not
that he cared for the poor. And 1.0 I say to you, that when
yon invoke religion, liberty of worship and liberty of con-
science, you invoke them as Judea did order that you may
keep feat hold of the purse."

M. Bemer, for Madame Aymer de la Chevallerie, the
lady suor, and the sisters of the community,. after paying
• compliment to the eloquence and talent of his young ad-
versary, began by disputing the amount which the Marquise
de G eery,. claimed. (It will be seen by the judgment that
on this part of the case, which does not touch the principle
involved M. &wryer succeeded to • greet extent.) lie aces
Hatted : The singular feature of this am is that you protest
against the legality of religions associations, and your only
object is to found one. You say that the society of Perm
is not authorised by law; bore you any authority for theme
which jou to found I He thought that the fact el
the Bishop of Chalmidmie having been met for from Bmyret
to preside over them:My wee • sufficient answer to thews
enemies that he was an intriguer, Madame de Onserlit
bitters, which had been quoted u the productions of such a
sample; humble-minded woman, seemed to him worthy
of the sharpest attorney in the country. He contended that
she had left nothing in the community for which it wee
accountable. If restitution was to be the order of the day,
he would mil urea Madame de Ontrry to restore to the
other esters all that they had brought to the community,
and moreover their carts for the poor, the needy, and the
all their acts of charity, all their manifold ascribe&
Since there was a parteership between you, let the value
of the mortikes made by every one be equitably sppm
timed." He protested to argue that the law which
recognised to the legal ambience of certain religious melee
did not pewee the omsqueoces of ths existeace fade
of others. Au illegal school, directed by Sister Bridge, led
existed for 4I years in the Faubourg St. Antoine, and he
was sure that all the operatives of the quarter would mesh
well of that institutim. In the Crimes the Jodi
chaplains were loved by the soldiers. At Cayenne,ag
colony, inhabited by men naturally irritated against
fmtitutions, the Jesuits had o&nd themselves to mks
to reconcile those outcasts with society, and out of NI
candidates 26 had been chows. He further contended the
in • legal point of view the board and lodgiag for lih
which the society granted to all its menthes Wee
• suflasse oonsiderstion for any amount of roomy
which might have been voluntarily brought into the comae
fund. " You may indesi," he said in conclusion " fie
the dissolution of the society ; but you must conclusion,
for SI
goad faith, and in • regular manner. You are a little swam
Mat has deserted the Lbw you are but 6 ve- and-twise,
and thirteen hundred religious persons remain faithful to
Pin
tains (of the Orleana bar) appeared for the Bbhilf
of CluZdonia and disclaimed any interest in the quince
at lame. He only hoped that the court would not lists
the ravings of a puce woman seventy-four yeses old, 1,201
with twenty-dee other dessetients for her compaakes, a
anxious to enjoy the voleptoommeas of scandal.
11. Oscar& Vallee, the advocate-general, supported the
appeal.
-The court gays judgment in favour of the Marquies
Cerry, reducing, however, her claim from 1,200,000 L m
426,000 f., being of *Maim that the differeece hewer the'
two sums had bees expends/ with her consent.
The Bishop of Chalcedonic" was adjudged to be a BMW
to thecae's, and the Marquis de Glary was ordered tops,
his ewes. The rest of the oasts ems awarded Is le pig by
the community of Pima..

ROYAL COLLEGE or Szraotons.—The following
aesnabars of the College, having widergana the anrenvit-
examination; IMMO aniseed haintistas is niiderliert
cleating of the board as the 10th haat, :—Msseen
Pritchett, York ; Biased Cealontaa Girton, Canibenbr
Ain • Mules libooter Mhos Wbon, Median=
Pascal Albert, Brommeiab ; OWN Chamber,
North Wain ; Wiiias Eliot Bawer,. Chtablve
lakileered=sAb= ; Wawa Lyme, Wrier
Imam Channat eackar, ci:=l•
Choshine ; Arehm ;D'Ogisy Irmalapert
Jain 111areassi Dnellan,
Omni Itionk, frogulfwegnwei
• Loh.—