The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-15
CONGRESSIONAL.
spELcH OF HON. JOHN KELLY,
OF NEW YORK,


| The House being in Committee of the Whole on the
stare o. The UnoH Mr. HIcKMAa, Of Pennsylvania in the
chair y
Mr.. KELLY said
Mr. IHAIRAAs: regret exceedingly to trouble the
mitre not connected with the practical bus-
OF legislation. afraid sir that IL is improper to
hiring such outside and extnneous iscusso0 here but
lnasmuch my coltagae Mr. WHITNEY has attacked
the Catholic clergy aud my iellowbeevers in ancient
faith generally this floor, becomes my duty Tbs
representative of Ca holic constituency in part, and
believe the only Catholic representative in this House. to
defend them and myself from his unfounded and iiheral
charges feel my inability to do justice 10 my cause,
my past life has been OF unceasng manual TOLL remote
alike from theological literary pursuits 1t will not
therefore, be expected OF 10 give the subject that thor
ough research and mastery which has received
the learned and eloquent Chandler and other liberal
minded gentlemen who have discussed heretofore upon
tns floor. trust however, the House will accede To me
that indulgence which the peculiares OF my former po
sition lite demand.
Sir II will be recolleced that during the contest for the
rpeakershp last winter attack made by gentle
from Alabama Mr. Smith against the Catholic clergy
of the United States and of the whole word. He
deavoed prove though in my opinion without success
that their anecedents had always been hostile to republics
popular rights and q favor of monarchy In regard
the Catholic aty, he made special exception in reply
to the following inquiry propounded by me-
"Have you known Catholic clergyman or layman,
native adopted to take measures calculated to de-
s,T"y sr y or IN any way impair the Oh ''
In answer, the gentleman acknowledged very frankly
that be had not Yet the gentleman unconscousy doubt
not manfets strong prejudice against religious sect in
this country whose disadvantage he admits he has moth
ing say, and with whose members, also understood
him confess he scarcely has personal aequain tance
Now, Mr. Chairman, propose this evening to show that
this gentleman and his political associates are in this
ter ahoring under strange hallucination equally un-
founded and un ust
And first let me notice the charge Of my colleague Mr.
WHITNEY that the Catholic bishops assembled in council
at the city Of Baltimore in the years $780, l849, and 1852
passed ordinances subversve Of the laws the United
State and threatening all those of the faith with the
i a q III hay q
usurped the property of the Church. Without consider
ing the ordinances of 1880 and lS4s will treat of the
ordinance of 1884, which the gentleman pronounces the
Objectionable of the three In order be pertec,
fair will read his translation Of this ordinance
though in fact 1t Is in respects materially naccu
|
Whereas the things given God for the Of divine
worship aud works OF charity come under control o. the
Church whose duty it that the pious will al the do
be faithfully executed and whereas the sacred
have often defended them ans the usupaon laymen
we strictly forbid the interference OF aymen Cote) N the
ot those things without The tree consent t
the bishops, tcoporum Hence, it called this By
the brhop they usurp them convert them TO their
whatsoever they be- uate def aud the
Will "f the d"no's or II they y to ~rest out o the bh
ops hands the things committed to his uu and
by Of ne fao, (egt- pG hio) d. ne and declare
fathers the Cunc al 1, ent tss"ns a. chapter IL
De RIormao"e) the usurpers OF property
The punishment here hreat~ned, the gentleman tells u
less han that Of hIch he trans
Iaes The ordn tucr, IS thus defined.
'Shall be under athema until he shall have wholly
ret To the church, 10 the auinsrator Ur brntccs
thereof the JurdlcuonS, property th rights uits and
Which he has seized, in whatever they have
70 hm BY way Of gilt of FuPsrsntiou, person
aud he shall hermore obtansd Ahsoution from
| the homan PoutH."-Councii Of Frs" page ITO.
Here Mr. Chairman the gentlrmans Latin is grevousy
at iauIi and obige a Protes ant friend no
good Latin scholar for the following correct translation
The penalty of unicaon incurred By all guilty
Of this usurpaton &c. DC
Bcsidrs, The usurper be patron Of church. he fur
ther loses the rig bit OF patronage
Again, il any cleric any OF the clergy-that is bhop,
priest dcsha plan or consent to any such aoemLabie
fraud aud usu upatun IN ADDITION To the aoread penalties
he sha uher be depriv OF benehces be
and DO rendered holding any other benefc-s
And after full satisfaction aud absouton from the
be shall be suspended from the
o his ORDERS according TO the will OF his ordinary
must also in this connexion call attention 10 the
fairness my colleague representing laymen alone
subject to the penalties OF accommodation whereas moi
only they but priests and bishops however hikh In
thry guilty OF the same ofrnce, condemned to the
| hem the council.
Ny colleague fully answered by keeping in mind tn,
ojec and scope o these ecclesiastical ordnauCes What
does my colleague Want2 ls 1t that charitable trusts
should be administered according the wish o the person
ing the trust bequest Ifso challenge learn.
ing the research the legislative wisdom OF the gentleman
and his friends, clearer direct effective
measures To that end hat do the civil law and
the civil leg sntors aim at What do they enforce If
simply legal euactments IN the orphan and will courts and
penalties that the WIsh and C the end and
of the ,esato In Of wills and eacies and
the dtyisor Of nd be carried
out II this be the object be regarded such
and one pIesum-, will deny that IL is-then why
| complain of these o. dlnances
Sir, very within my knowledge the bishops OF
the Catholic Church directed their eccestdcdi egs
laon their spiritual penalties, and their direct commands
against abuses and against those who abuse the functions
trustees "Whereas they say, clay trustees have often
abused the right given by the civil authority" Take
illustrate this precauton against abuses Suppose
b, Catholic, wishes TO give lot OF ground or five
thousand dollars tor charitable purposes Let him be
about die He priest puts the money In his hAuds
the deeds and dies Remember that praccally Ind ac
tuay is nearly always through his priest that this gin
will be made In such cnse If the priest bad euough
he might appropriate to himself that which
his Than yours But much the priesty order u
denounced such conduct is fairly justly chsrgeable
TO the body, nor even TO many individuals.
We might illustrate this ordinance n other but
in all II would lie found have other tendency than
the uhment Of the will Of the donor estato
These ordinances in short merely that first prnc
pie which should every and every court and
egisarure-tha donations and bequests be solely
directed the ends and objects Of those who make them
Here, again. defy the ingenuity Of the gentleman defy
that admirable versatility that has enabled him direct
his attention many phases OF this threadbsre theme
defy that genius for research nay for discovery II
invention which has enabled my very learned colleague
TO many authors and 10 illustrate his speech with
many great names and great events the half Of which
IL he has even taken but second hand, he may
tauly claim 10 be called very wel-read yes sir
defy all the Of my learned colleague to find
rected the very end which legal and
legal penalties must be directed loug they just
namely the execution OF the will Ienon Of those
| who make trusts brquests.
Look at The wisdom Of the rule on which these ordi-
framed Tnere several parties interested in
the ahair-mutusly aud necessarily a che upon each
other The priest who receives the beques and knows h
ntinn d,nur has charue of tho prnn