The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1869-08-29

The Austrian tribunals have given rise to q
new scandal. A Bishop has been brought be-
fore the courts, tried, found guilty, and SEN
fenced to fourteen days imprisonment. The
London Universe, commenting on this high
handed proceeding, says:
What was his crime9 Simony, tyrannous
exercise of his power, neglect of his spiritual
functions No, none of these things, but sim
ply diignified and independent discharge of
his duties as Christian pastor. For this he
has suffered condemnation which might con-
duct him to the society of the Migrants and
pickpoekets to whose level the judges virtually
reduced him by their decision. We repeat it
is n great scandal-this trial; scandal not
for the accused but for his accusers; not for
the prelate who has been relegated to prison,
but for the country which tolerated such an
outrage. The facts of the are briefly
these. Some time since Francis Joseph Rudi
gier, Bishop of Linz, wrote q pastoral CRITICS.
ing with a proper severity the laws passed in
Austria last May, by which the sacrament of
marriage was degraded, and the sacred alliance
of man and wife before Gods altar done away
with, to be replaced by Gretna Green tinker
ing, devoid of solemnity of grace. His
lordship characterized this civil contract n
legal Introduction to concubinage, and forbade
the members of his flock to avail themselves
of it's provisions. His letter was sent to the
printers, and $500 copies ordered to be struck
off, but before the presses had turned out 1000
the document was seized on as an infringement
of the laws, aud an Introduction set on its pub
LEGATION by the provincial tribunal. A formal
Indictment consisting of no less than nine
counts, was prepared against the Bishop, and
this week he was placed upon his trial at Linz
the Procurateur Imperial attending in person
to prosecute, and demanding that q punish
ment of six months confinement, in durance
vile, at the least, should be inflicted on this
brave pastor, because he had not feared to
stand mp for morality and proclaim aloud the
truth. The Bishop did not appear in court,
declaring that it was contrary to his principles
to lend the farce of his trial the sanction of
his presence, and, furthermore, that he had
been instructed to absent himself by his &C
clesiastical superiors. All have to urge in
vindication of my conduct" said the courage
ous prelate, ais this, that if were not ready
to preach and teach what regard Catholic
and would prefer to become a newer of wood"
A jury was empanneied by lot but the prose-
cdtors cried "stand aside" to five of those
whose names came mp. The advocate for the
defence objected to nobody-he was directed
| to let the formality proceed without impedi-
ment. There was no question as. to the pub
fishing of the pastoral, it's writer admitting it,
and gloried in the act, - he had q right, and
| in a letter which he begged to present. not as
| defence-for he disdained the term-but as q
| friendly communication, he said that no Gov
| ernment recognized union by civil contract as
moral, but rather permitted it as the lesser OF
| two evils, much as some good princes tolerated
| the license of houses of ill-fame in their do
minions but thereby did not intend for a mo-
| ment to 1egalize carnal pleasures. The pro-
cureur imperial Illuminated his thunders
against the prelate, stigmatized him as " n dis
| turber of the public peace" and called on the
| jury to convict him of having " outstepped the
limits of religious teaching and his mission as
priest" The twelve men In the box listened
the law was clear, end they were sworn to de-
eide according to law, not according to Justice
| they retired for three hours, and returned into
court with q verdict of acquital on four counts
and guilty ON five; those being for attempting
to Justify disobedience, rebellion and resistance
| to Austrian legislation
| The foregoing is a plain statement of this
! edWse eetebre. The Catholics, not only of thu
diocese of Linz, but of the entire Austrian
/ Empire, are covered with shame at this fragrant
procedure and its result, and the Empero
Francis Joseph, who was powerless to arrest
the prosecution without going beyond hit
prerogatiye, has shown his appreciation of il
| by declaring the sentence null as soon as pro-
| nounced. Thank God, at least, that Catholic
empire has been saved from the disgrace o.
eonsigning pastor to the four walls of Stats
prison for the crime-goOd heavensl the crime
only think of that-of having faithfully ex-
pounded Catholic doctrine Personally the
| Bishop of Linz may well feel elated. Ten days
| ago his name wAzIfet known outside narrow
circle. AT present it is familiar n househofI
word" as that of worthy cOnfessor of tn,
| faith all over Europe, and is coupled with an
| ardent prayer of Remembrance before thous
1 LII. IL