The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-03-22

OF Don eli 10 uarrz in order Al GeS cn siould freely
cons,it IL ses; ana az sin increased, giving
the rea' CT conslon 10 the Church aQd the people,
VII it Dccaic krlvn las 20 LA ~ the pr nce
who was called upon 10 RUE the desinies of Mexico.
Tho tidngs that we az had a. yoHr d. Ca hsscis,
thcgnntinents Inanirs;ed by your esty both your
speeches and your writings, the highly niicant step
oil not leaving ECropa and "a lag ios tlis, your
country without resor sag To rooeve and bgns with yoa
tn bensd ciOn OF the sOmnon Father OF the Fathtul
the readiness with which your Majesty Min sser
to Rome and your earnest wish for the arrival of the
Apostoi n ncio in order 10 enter upon he arrange
ments ne essary for harry terminal Of tho terrible
crisis into which this Unfortunate nsry had been
plunged or cunt OF the questions raised by these
called laws VI reform; all Ibis, Sire, had 6Ied with
unspeakabis consolation this awakened in our hearts
the most lively enthusiasm towards the august person Of
your Majesty, and diused throughout ala she eotHtry
that extraordinary rejoicing which was universally and
splendidly manifested from tho moment your foot
to ched tho shores OF our country
To no one did it then appear doubtful that these
ranged and WE all expected that tn, day OF true
peace-the peace OF conscience, terribly agtated by
the laws and the measures Of the government OF
Don Bcnto Juarez-would now arrive. That desired
day appeared nearer and TO SIGHT when
learned that the Apostolic Nuncio had reached Vera
Cruz because, 1t being impossible that the pend ng ques
tons could be settled without the concurrence Of both
Powesthat is without the concert of the temporal and
the spiritual soyercignsthe arrival OF tho Nuncio
regarded by all pledge of that concert especially
considering the Catholic character Of your Majesty and
the benevolent disposition and concatory spirit Of the
what must have BEEN therefore, our sorrow and our
ahicton when instead Of all that had so earnestly
desired, and with such good reason had confidently
pcctcd, we have seen all our hopes dssipated Mt one
blow by the declarations and Instructions embodied in
the letter Of your Majesty to the Minister of Justice In
this notable document we that there hos been
arrangement with the Apostolic Nunco account Of
raised that your Majesty has not been willing to await
the arrival OF further instructions, and that you have
by yourself alone u determine these grave ques
tons and have ordered that the necessary
scquent upon this decision shall DO prepared by the Min
lister OF Justice
Being ignorant OF all that TRANSFERRED in the secret
conferences also with regard to the documents and
instructions brought by the envoy Of his Holiness
ought respect the mystery in which the causes Of
what has passed. and the motives which have determined
your Majesty to take step Of such grave importance are
involved. But as in our humble opinion, whatever may
have been these motives, do not believe them capa
bic Of diminishing the sovereign power Of the Catholic
Church, Of comforting upon the State sufficient in
of power TO enable Ii by its DEGREES to ranquze
the conscionccs of the faithful this circumstance
far from bringing about tho desired end, will still leave
on foot all the existing evils because It is only the
spiritual sovereign that decide grave questions Of
moral import and tranqu.lze conscience, are there
fore compelled to approach your Majesty and earnestly
pray TO be pleased TO suspend the operation OF the
declarations and orders contained in the above
toned letter Of your Majesty.
In taking this step we feel ourselves sustained not only
by the arguments and motives forth in the manifesto
issued by the Mexican epscopacy the 10th Of August
1859, with reference to the socaed laws Of reform pro-
mugated by Don Bento Juarez at Vera Cruz and In the
expositions addressed to Generals Almonte and
Saas, as regents of the empire, in December Of
by them on the 18th Of that month copies Of
which documents enclose TO your Majesty herewith)
but oy the by Ss , ~
ton Of the Holy Father who has sent his Nunco At your
Majesty's request.
The bases given by your Majesty TO your Minister in
volve Sire the complete abrogation OF all the privileges
of the Church. the ratification Of the laws Of
sequestraon Of ecclesiastical property, the confirmation
Of the interests created thereby the authoritative
vention Of the civil power in the maintenance Of worship
the extinction OF the canoncal means Of subsistence
upon which public worship and its ministers depend
and finally the sanction Of free and ample tolerance for
all religions without other restriction than the decara-
ton that the Roman Catholic Apostolic is the religion Of
the State.
To none do we YIELD or will We ever Yield Sire our
fidelity in the compliance with our strict duty towards
the temporal sovereign but when in order TO obey him
II is necessary to fail in obedience to the law OF God
that OF the Church. and consequently to commit the sin
Of prevarcaon passive resistance ought then never to
be considered act Of dfsobedence, because obe
dence s based upon the law Of God and ceases to DO
Q duty when IL 10 inconsistent with that law
Church, 10 dogma Of faith; and this dogma establishes
supreme right in matters Of doctrine Of morals and OF
canonical government supreme authority that cannot
b. subordinated to any other earth and proclaims
unmpeachaeis principle for all Catholics. and =. |:
ruo OF conduct that Whatever be tho power rank
and position Of those who exercise supreme authority in
the State they have absolutely power whatever
these matters; for II is only the visible head OF the
churchthat the Popc-who exercise this urisdic
tom is only this power that binds and unbnds con-
proclaim dogmas Of faith to enlighten belief 70 rule
morals to decide doubtful questions, and TO order
all conflicts to by means Of It's sovereign declara
tons
Your Majesty will permit u.s. protesting above all our
most profound respect to state that your sovereign reso
luton with reference TO the referred to In the
letter addressed to the Minister Of Justice, relates pre-
csey those very points Of the struggle between the
Church and the State which would not bo the subject
dispute did they not invade the spiritual power, has
been constantly demonstrated to the various govern
ments by the Mexican epscoacy that they are in open
opposition to the social basis Of the Catholic Church,
and directly opposed to positive provisions OF
tho cannons, and especially 10 those Of the
condemned con s' by the Apostolic See in pontiacal
aocutons and that even the request and sending of
Apostolic Nuncio for the de1nitye settlement Of these
questions proves that your Majesty has boon OF this same
understanding since II IL clear that had your Majesty not
recognized the positive necessity for the OF
both powers in the settlement Of these questions your
Majesty would not have made great effort to obtain
the sending OF the Apostolic Nunoo.
Besides your Majesty in referring TO this step charac
erzes "a capable OF satisfying the pressing
necessities Of the country and of restoring peace the
minds and calming the consciences OF all the inhabitants
OF the empire" which declaration, true precise
and CONSCIENTIOUS renders unnecessary, Sire, any de-
monstration our part.
But we cannot omit to observe that these conceptions
hold good only suppong that the steps referred had
not been TAKEN and that, however grave other crcum
stances may be supposed to be- they cannot DO sufficient
to enable the resolution contained In Majesty
satisfy the cxigencies OF the country restore
tranquility the consciences and establish peace
Your Majesty is well aware that the temporal sovereign
has power the conscience except to retire It's
coaction IT, and that therefore, while the Pope
does not decide or the sovereign does nos withdraw this
coaction, conscience will continue to be agitated.
With regard TO the just exgences Of the country
do not know what other there be if they arc
those OF conscience In It's moral relations with interest,"
But referring only that other class Of interests pro-
duccd by the appropriation Of ecclesiastical property in
favor Of the unlawful holders Of the property OF the
Church, under the Laws that have dcspoiled It,
ferrng to these and bearing In mind that many of these
holders seek in the solution Of these questions the
aue,ing OF conscience merely but the Consolidation and
restoration to value OF their sudden wealth. your Ma
jesty will allow to state that these persons will
remain in the condition before for the sovereign
declaration Of your Majesty will produce their minds
only the effect OF adding the fear Of exactons and
other burdens to the uncertainty which will continue
TO prevail long the Of the Holy Pont1
shall not have been obtained.
We will not dwell, Sire upon what relates to the com
petent maintenance Of public worship and the support
u its minister's because whatever the gratuitous
OF the Church may say interest has had the slight
est influence upon the conduct Of its pastors; will
state TO your Majesty that civil coacon having ceased
only those contribute that disposed and that the
noble moral impulse that determines these gifts subts
independent of all human power But assure
your Majesty that all Of ready depend solely
upon the pety of the faithful rather than upon any civil
appropriation, because nothing Is dear us under
these circumstances TO sustain the dignity OF the
IL. al .&.t. IL.