The Sun.
London, England, 1860-02-01 00:00:00

TBE EMPEROR AND THE POPE.

The Constitutionnel of yesterday publishes the
following article in prominent type
" The Sovereign Pontiff has just addressed an
encyclical letter to all the bishops. We at first
doubted whether we were legally authorised to
publish that document. The organic law which
regulates the relationship of the political power of
our country with the Court of Rome leaves no
doubt upon this question, and resolves it negatively.
In fact, Art. 1 of that law says :
" 'No bull, brief, rescript, decree, mandate, pro-
visions, signature serving as provision, nor other
documents (expeditions) from the Court of Rome,
even when only concerning private individuals,
may be received, printed, or otherwise made public,
without the permission of the Government.'
"This enactment is formal, and we could not have
infringed it had not the moderation and the tolera-
tion of the Administration thought fit to derogate
from so absolute a prohibition. We were informed
this evening, with our contemporaries, that we
might reproduce the Pontifical letter without im-
propriety.

" This letter is a declaration from the head of
the Church, addressed to his venerable brothers of
the episcopacy. On the first grounfls, it imposes
upon us a respect which we shall scrupulously
observe.

" But it does not concern questions of faith, for
the settlement of IN hich the authority of the Pope is
only absolute when conformable to the sacred
canons, and in accord with the universal consent of
the assembled Church.

" A political question alone is here under con-
sideration, and on this point the competency of the
Court of Rome could not be admitted without dis-
avowing all the tradition■ of the Church of France.
The memorable declaration of IGB2, to which the
name of Bossuet is so gloriously attached, says
textually :
" That St. Peter and his successors, vicars of
Jesus Christ, and that the whole Church itself, have
only received power from God for spiritual things
and which concern salvation, and not temporal and
civil things.'

" Thus, in the encyclical letter of the 19th
of January it is the temporal Sovereign who speaks
in the name of a temporal interest, but in the
forms and with the particular character which
appertain to tho head of the Church.
"'There is, then, here, an abuse of jurisdiction,
which, without dispensing us from a respectful
deference, cannot prevent a free judgment.
" Let us not hesitate to express our full opinion.
" The adversaries of the Papacy have always re-
proached it for its efforts to overstep the spiritual
domain which is exclusively its own. They have
raised against it the minds of many independent
men who refused their submission except in matters
of faith. It was in wishing to subject, according
to the very terms of the declaration of 1682, Kings
and Sovereigns to the ecclesiastical power,' that
whole nations were alienated from that unity of
which Rome is the centre.

" Thanks to Heaven, we are no longer in the
times of schisms and heresies; and our epoch is too
enlightened for such distractions ever to arise from
a passing misunderstanding.

" But it is impossible for us not to deplore the
attitude which has been forced upon Pius IX. under
circumstances when the spirit of conciliation ap•
peared as if it ought to ally itself so well with the
august character of the Holy Father. Is it not sad
to see in so grave a document as that of which we
speak the eternal cause of the Church mixed up
with and lowered by interests so little worthy of
it, and associated with the fortunes of those Princes
who, in Italy, only maintained themselves by the
arms of Austria, and could not return thus except
at her back ?

" In fact, one of the reasons given in the letter
of the Pope for refusing the separation of the Ro-
magna is, that he could not abdicate that portion of
his territory without ' detriment to the rights of the
Princes of Italy, who have been u►justly despoiled
of their domains.'

" Here we have, then, the Head of the Church
making himself, as in the days of Boniface VIII.
and Innocent XII., the arbitrator of political Sove-
reignties ! And, mark it well ! this theocratical
arbitration, which in our day would be the most
dangerous prerogative for the Papacy, is, by a
strange contrast, only the undeniable proof of his
dependency ; for, before as after the war of Italy,
we find Rome bent under the influence of Austria,
—under that influence which Father Lacordaire so
justly considered a cause of decline and fall of the
Holy See.

" We should pity French Catholics who could
net feel the sad position assumed by the Papacy
coming forward to restore against the popular will
Princes who, having fallen at Solferino, had no other
refuge than the baggage-train of Austria. This
position deceives the hopes of all those who would
have liked to ace the Head of Christianity resume
the prestiye of his political power in his union with
regenerated Italy,
" The encyclical letter will doubtless serve as a
rallying point for many passions having nothing
French or Christian about them, and which will
wrongly endeavour to abuse the authority of this
document and its venerable origin. We do not fear
that they will succeed,, for the policy of the Em-
peror cannot give occasion, we are certain, to any
legitimate anxiety. ',lle Emperor, inspired by
a devotion which for JO years has never belied
itself one single day, first counselled to the Pope
reforms which might have saved the integrity of his
dominions. Those cou ctsels were rejected ; the evil
has become aggravated,. and now it seems no longer
possible to lead back the !population of the Romagna,
unless compelling them by force.
" The Emperor thought that it was more advan-
tageous for the Pope to give up the Romagna than

to reconquer it at the cant of the blood of his sub-
jects by foreign inter v, ention. He said so sincerely
to the Holy Father in .s letter worthy of the eldest
Sen of the Church and. of the Sovereign of France.
The Pope was at liberty to follow or reject that ad-
vice. Ho rejects it.
" We are far from contesting his right to do so,
and we have the conviction that the advice of Franc's
will never be turned into menace or constraint.
" Thus, then, the duty of France is fulfilled. The
injustice towards her, however great, it may be, will
not have the power to make her desert her task of
moderation and protcfction. At Rpm° she would

(From the Times.)
We are now in possession of the whole of the
article in the Constitutionnel, signed by M. Grand-
guillot, the editor of that journal, and in this un-
pretending shape we find a State papor of great
importance, well considered, clearly arranged, logi-
cally reasoned, and evidently emanating from the
highest authority in France. This is not left to
conjecture, but is clearly disclosed by the document
itself, which almost ostentatiously parades its con-
nexion with the Imperial Government. The first
question which suggested itself to the mind of the
editor of the Constitutionnel upon receiving the
encyclical letter of the Sovereign Pontiff was whe-
ther such a document could be legally given to the
world. If he had been an Englishman, M. Grand-
guillot would have instructed his attorney to lay a
case before counsel, and, after the expenditure of
several guineas and several days, would have re-
ceived the answer of the oracles. Being a French-
man, however, M. Grandguillot had nothing to do
but to turn to his Code, and there, under the head
of the Organic Law which regulates the relations
of France with the Court of Rime, he found that
no Bull or other document from the Court of Rome
could be received, published, printed, or otherwise
publicly put into execution, without the authority
of the Government. , This provision left no doubt
lon the mind of M. Grandguillot, and he was about,
in his character of a good subject, to renounce with
a sigh the pleasure which he would have had as a
good Catholic in scientifically dissecting and
anatomising the epistle of the Sovereign Pontiff.
Just at this critical moment he was informed
that he, as well as his brethren of the Press,
was at liberty to reproduce the Papal mani-
festo in the pages of the Constitutionnel. We
cannot think that the mandate stopped short
at this point, for the document assumes through.
out to speak in the name of the French Govern-
ment, to declare its policy, and to define its
political position—a liberty which no editor of a
newspaper, even in England, would venture to
take, unless at the suggestion of the Government
in whose name he undertook to speak. Whatever
be the authority it carries with it, however, we are
bound to say that the manifesto of the Constitu-
tionnel presents a most advantageous contrast to
the circular arguments and roundabout statements
of the encyclical letter of the Pope—not impro-
perly so called. We do not think that the Admi-
nistration of France has any reason to reproach it-
self with its tolerance in this instance, and we hope
that the success which has crowned this controver-
sial effort will encourage a further patience of con-
tradiction. The letter of the Pope, we are told, in-
spires respect, and that respect is to be scrupulously
observed. But the letter does not concern matters
of faith, and even in matters of faith the Pope is
not absolute, unless he conforms to the authority
of the canons and is fortified by the judgment of
the Universal Church. The present question is not
a matter of faith, but of policy, and that the Pope
has no jurisdiction on such a question is proved by
the memorable declaration of 1682, to which the
name of Bossuet is appended :—" St. Peter and his
successors, vicars of Jesus Christ, and even the
whole Church, have only received power from God
for things spiritual, which concern salvation, and not
over things temporal and civil." Thus, then, the
rope, it is concluded, has been guilty of an abuse
of jurisdiction, and is not entitled to that deference
to which he would have a claim in matters purely
spiritual. These are grave words and of high sig-
nificaice, and announce a change of policy even
more complete than is expressed in the determina-
tion of the Emperor to suffer no intervention be-
tween the Pope and his revolted subjects. The one
course might be prejudicial to the temporal power
of the Supreme Pontiff, but the other strikes a far
deeper blow when it calls in question the ecclesias-
tical dogma of Papal infallibility. The Pope is not
only treated as a bad Sovereign who has lost his sub-
jects by misgovernment, but as a spiritual despot
who has gained by encroachment powers which the
Constitution of the Church of which he is the
head never bestowed upon him. An infallibility
which is to be measured by its conformity with
canons and councils submits itself virtually to the
jurisdiction of private judgment, and is, in fact, no
infallibility at all. Since the French Revolution
Sovereigns of Roman Catholic countries have been
so anxious to strengthen their title by a claim to
Divine right that they have lost that jealousy of
the interference of the Pope in things both tem-
poral and spiritual which was a leading feature in
the policy of Ferdinand and Isabella, Philip 11.,
Louis XIV., and other props and pillars of the
Church. Again, we remind our Ultramontane
fellow-subjects that these things are not written by
a Protestant pen, and that this attempt to limit the
spiritual as well as the temporal jurisdiction of
Rome comes direct from the Government of that
nation of whose adherence to the ancient faith the
Pope has most reason to be proud.
Fully aware pf the importance of this declaration,
and of its historic connexion with the ancient
policy of France, the author of this article pro-
ceeds significantly to observe that the days of
schism and heresy are past, and that there is no
reason to suppose a temporary misunderstanding
likely in these enlightened days to produce any re-
sult of the kind. But nothing shows more clearly
how complete the estrangement has become than
that any necessity should be felt for such an avowal.
The Constitutionnel proceeds to lament that in so
grave a document the eternal cause of the Church
should be identified in a partnership of profit and
loss with those paltry Italian Powers who rely
on the arms of Austria, and can only return
to Italy in her train. In the same spirit the
Pope is bitterly taunted with allowing himself to
be made the tool of Austria at the very moment
when he is putting forward pretensions which, by
absorbing the temporal into the spiritual, would
place him above all the Sovereigns of the earth.
The Constitutionnel concludes by assuring the
Pope that he has no cause to apprehend
that the power of the French, who has for 10 years
maintained the Pope on his throne, bearing pa-
tiently the rejection of his c6unsels and the gradual
increase of the evils against which he protested,
will now lose either, temper or r atience. He has
offered advice to the Pope; the Pope has rejected
that advice, as he had every right to do. The Em-
peror, therefore, has taken his course ; he will not
suffer the Head of the Church or his subjects to be
molested in Rome ; but if, through his wilful obsti-
nacy, the Pope chooses to alienate from himself the
rest of his dominions, he must look for no foreign
aid to assist him to carry the sword of Perugia
,hrough the streets of his other cities.
Treating this, as we have no hesitation in doing,

as virtually a manifesto of the French Government,

we are bound to say that it is clear, consistent, and
logical. We should be glad to hear from the fran-
tic declaimers on the other side of the Channel in
what respect such a manifesto is unworthy either
of a good Sovereign or a good Catholic. It is no
part of any religion professed by any- civilised
nation to sacrifice on the altar of faith all power of

discrimination. The Pope has his jurisdiction as
well as the Emperor ; and that Prince does a ser-
vice still more to Catholics than to Protestants who
seeks clearly to define those limits, and to prevent
all encroachment and transgression. Nor is it less
the part of a good temporal Sovereign to recognise
in other nations that right of choosing their own
government by virtue of which he himself reigns,
and to refuse any longer to supply the amount of
force which is necessary to perpetuate a tyranny.
Such an attitude is in itself not only consistent and
commanding—it is not without many of the ele-
ments of moral greatness. There has beck a long
period of forbearance, and although that period is
now some to an end, it is only because up to the
last moment the Pope has studiously refused to give
ear to those counsels which alone could have
saved him from the distress into which he
flriars
fallen. But the French Emperor does nottsuu__eLd
himself to be carried away by any sense okf s
of the
neglect or discourtesy. lie Call
ntlelegleeSutporef mleiisr counsels without a arn
,gsvcii:rea,ata
insddrueec recall
calmness and propriety.
himself and his Spiritual an,d,steennsi)tocormaillstuolptelcites
Pope
pt
teat-
tpoo bringrai
claimshis isspiritualpud toaptoelvd,e.irshe
withoutt e aidha r
so
hf
nh
ei
ss s
moment when he is informed that he has no without faltering or. hesitation ; and. at the'very
suc-
cour to expect in the attempt to rivet anew the
fetters of the Romagna, he
is told that he may
count on the help of the French army to preserve
his power, should it be threatened within the gates
of
/tome. A Government that can take up a posi-
tion at once so strong and so moderate might have
allowed the Untrers to rail its fill, and feel as con-
fident in
its success in controversy as in war.

Mr. Mansfield—How long had the prisoner been
in the theatre, officer?
Sergeant—I recollect her with her child and her
friend coining in at half-price, that would be about
half-past eight o'clock.
Prisoner—l assure you that I was not in liquor,
sir. The baby was always delicate, and when I
found it quiet I thought it was asleep. My friend
begged me not to disturb it, and I did not; but
afterwards, findini, it gettingcohl, I tried to suckle,-
it, and then found it was dead,

Mr. Mansfield—By the evidence of the officer,
you were drunk.
Sergeant—There is no question about, that, sir.
Mr. Mansfield—And by inat: zntion, fiotn that
fact, you may have caused the death of your child.
Prisoner—l was not drunk, sir.
Mr. Mansfield—l will take your husband's bail
in £2O for your appearance this day week.

SOUTHWARK.—ATTEMPTED Al URDIM BY A
FEMALE.--Elizabeth Penning'' a tiiiddte,ttged
female of rather a determined appearance, was
brought before Mr. Burcham for further examina-
tion, charged with attempting to murder James
Weltho, by stabbing him in the face with a knife.
It appeared from the evidence of Henry Street,
police-c,,nstable 171 M, that on Monday morning,
the 24th inst., about one o'clock, he heard a distar--
bance in Falstaff-yard, Kent-street, and uu proceed-
ing there he saw the prisoner fighting with another
female. The wounded man was there trying to
pacify them, and as soon as witness approached the
prisoner rushed at hint with an open knife in her
hind, and plunged the blade into the right side of
his face. Witness at once ssized hold of the pri-
soner, and after considerable difficulty succeeded in
wrenching the knife from hercovered with blood. Hs
then procured assistance, and convs3 ed the wounded
man to the hospital in a state of insensibility. The
prisoner was taken to the station-house, where she
said that she hoped Waltho was dead, as sbe in-
tended to murder him.

Mr. Burcham asked whether the injured man
was able to attend this examination.

Mr. Edvrin, chief clerk, informed his worship
that he had received a certificate from Mr. Grab-
ham, house-surgeon of St. Thomas's Hospital, set-
ting forth that James Waltho was in a very bad
state from a deep punctured wound in the face,
but he now considered him out of danger. He (Mr.
Edwin) asked for a remand.
Mr. Burcham asked the prisoner whether she had
anything to say why she should not be remanded?
She made no reply, and was remanded for another
week.

THAMES.— CHARGE OF MURDEL—Peter
Philip Perio, a Portuguese seaman, was brought
before Mr. Yardley on a charge of wilful murder.
The man who is supposed to have met with his
death by foul means was named Jose Rico, a
Spaniard, who came to this country in the ship
Lion. It appeared that on Friday last a black
man named John Cole was charged with stealing
a quantity of wearing apparel, the property of the
deceased and another foreigner, named Phillippo,
in a boarding-house for foreign seamen, kept by a
Greek named John Seymour, whose nephew was
mariered in the same house a few years ago by
one of his lodgers. On the evening of the day on
which the charge of robbery was heard at this
court, the deceased, Rico, who had given evidence
of the rubbery, was found dead in his tied with
mar s of great violence on his 1)0(13- externally, and
with nine of his ribs broken. The 'Aurelia is sup-
posed to have been committed not from motives of
revenge id consequence of the evidence he gave at
this court, but for the purpose of robbing him of
his money. Marino Martino, a Spaniard, and a
Portuguese-Brazilian, absconded from Seymour's
house just before Rico was found dead in his bed,
and great suspicion attaches to them.
Francis Kelly, a police-constable, said he appre-
hended the prisoner in consequence of the suspicion
attached to him. The prisoner was in his bed
within a few feet of Rico when the latter was found
dead. A man was going up stairs towards the bed-
room and found a hat on the stairs. The man
called out, " Whose is this ?" to which the prisoner
replies directly, " It belongs to Rico."
Mr. Yardley said that there was no evidence at
all against the prisoner.
Kelly said two of the foreign lodgers had ab-
sconded from Seymour's house.
Mr. Yardley—That is some evidence against the
two men who have absconded, but none against the
prisoner
Seymour—He was the only one in the house at
the time the man was discovered quite dead, and
their beds were close to each other. The prisoner
said, when the hat was picked up on the stairs,
"That is Rico's hat."
Mr. Yardley—That amounts to nothing at all.
Kelly said that there were contusion on the body
of the deceased.

Mr. Yardley asked if an inquest had been held on
the body of the deceased P
Police-sergeant, H 2, said the inquest commenced
on Monday and had bean adjourned. A pout mortem
examination of the body had taken place, and there
was no doubt the deceased had come unfairly by his
death.

Mr. Yardley said this was especially a case for
the police to investigate and collect evidence. There
was not a spark of evidence against the prisoner.
He could not detain any man in custody without
evidence, and the prisoner must be discharged.

RAILWAY AND CANAL BILLS.—The report of the
Board of Trade shows that the number of (Great Britain)
Railway Bills deposited this session amounts to 202, of
which 149 authorise new works. The length of line autho-
rised by 90 now companies is 1,048 miles, and that by 69
existing companies, 358 miles.
CHRISTIANITY IN INDIA..—An event has recently
occurred in India, which is regarded by some as more impor.
tent to Christianity in India than the baptism of Maharajah
Dhuleep Sing, the establishment of a Christian mission at
Kuppooithulla, under the protection of the Rajah, who
rendered us such valuable aid in Oucht, and who
bears the whole expense. Since his recent marriage with
Miss Hodge, a Christian girl, the Rajah has disregarded
caste, and has been engaged in the study of the Scripture*
with a view to baptism.— Homeward Hail.
Sin HENRY RAWLINSON.—We are glad to hear

that Sir 11. Rawlinson arrived at Teheran on December 8,
atter a very satisfactory journey. We understand that,
front the moment of crossing the Arras, which forms the
frontier of Persia to the West, he was received with special ,
marks of distinction. At Tabriz, in particular, be was fetid
.
for several days. This was, no doubt, in part owing to 11_.
being an old friend and comrade of the Viceroy of A:urfeeb
feels
jan, 13abram Mirza. Every one, however, iv
Pe'rgal n'd the
that, at last, the right man is in the right planclea,
mission
most favourable results may be anticipated_ '.9
former occasion,
which has commenced so auspiciously.
was accompanied, as wo have noted
fona
the mission, and by
by Dr. Dickson, the medical officer 0
attaches; as also by
Lieutenant Watson, and Mr. Fane,.
Capt. Lewis Pally,
Mr. Taylor, acting consul at Teheran _
ti
di g post, succeeded
Sirli. Itawliason
without
medicine officiating secretary of legation, bY:
officer belongs to the
in joining Sir henry en ratite.
17th Bombay Native
Homeward Mail.
—We extract a few out of the many
[AuvawrisnmENT. fdsthecuseraedson
of mazy years dyspepsia and all it.
expressions of gratitude delicious Revalente. Arabic/a
The Right, Honourable the Lord
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invalids
Stuart de Docies, 9 53.) ,i Fill years' •
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Food :—Cure No.
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indigestion, gatherings, low spirits, and 1 nervous fancies.
Cure No. 48,314, Miss Elizabeth Yeoman, Gateacre, near
Liverpool, a cure of ten years' dyspepsia, and all the hor-
rors of nervous irritability. Cure 18,216, Dr. Andrew
I:re of constipation, dyspe • pm, and nervous irritability.
Cure No. 34,210, Dr. Shorland, of drwpsy and debility.
Cure No. 36,212, Captain Allen, of epileptic fits. Cure
No. 42,116, Major Edie, of liver complaint and total pro-
stration of strength. Cure No. 36,418, Rev. Dr. Minster
of cramps, spasms, and daily yomitings. Cure No. 26,41?,
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39,628, Dr. Wurtzcr of consumption. Cure No.
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En tins, at Is. 6d. ; 11b., 3s. ; 21b., ss. 9d.; 51b., 125.; 12110.,
265. The 101 b. and 121 b. tins carriage free, on receipt of post-
office order. Du Barry and Co., 77, Regent-street, London*
Fortnum, Mason, and Co., 182, Piccadilly ; Abbis, 60,
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a