The New York herald., 1873-11-17
BRAZIL.
Church and STATE Still IN cmhict-Ths Bi4Asy
Of Pernambuco, ths Free MGsms sxd the
Crown-Executive Preparation fnr ths
Prosecution Of tho Ecclehasttc-
Treaty Making and Law
Slavery and immortality.

RIO JANErRo Oct. 4, Is7a
The imperial government has at length moved
against the bishops, and has ordered the prosecu.
tion, before the Supreme Court, OF the Bishop Of
Olinda (Pernambuco). The following is q transia-
ton OF the "working" paragraphs Of q
STATE DOCUMENT,
which has some Importance at the present juno
ture:-
SIR-By the annexed documents you will perceive
that the Rev Bishop Of Oinda has refused to obey
the decision by which, on the appeal to the Crown
taken by the fraternity Of the Most Holy Sacrament
of the Church OF st. Anthony OF Recipe, relief was
conceded from the unjust sentence OF interdiction
pronounced against 1t tor the sole reason that
OF It's members were Free Masons. And further
to display his refusal, he went on to incite
the priests to disobey the imperial government,
menacing them with suspension &c tr.JorTtdtd
conscientid, OF which one who merely hesitated
was at once made the victim. BY these and by
other acts, each rasher than the other, the Rev.
Bishop has manifested the firm purpose to go
counter to the laws OF the State, both by himself
and the clergy OF his diocese, thus ignoring the
admitted and observed by Catholic nations and
especially laid down In our legislation. Though
the Drotherhoods may be considered institutions
whose principal end is an ecclesiastical matter,
they have at the same time temporal purposes; they
constitute jurdcal entities susceptible OF rights
and Obligations which place them III direct relation
with the civil authorities, to whom they render
accounts OF their administration and consequently
OF their mission Thence 1t comes that their engage
ments depend upon the sanction OF the temporal
power and on the approval OF the ecclesiastical one
acquiring, thereby an unquestonaoly mixed ma
in the internal and the external form, 80 long as
they are not altered or revoked by the same legal
Notwithstanding this. the Rev. Bishop or
Olinda thought that OF his own exclusive authority
he could abruptly order the expulsion OF memoeSs ei9
engagements, and launch general, personal ana
local interdct upon the whole corporation, thus
overriding natural and ecclesiastical right, going
outside the laws OF procedure, ignoring personal
citation, suppresslng the defence found In their
pleas, STRIKING both the innocent and the guilty
and lastly interrupng the functions OF worship to
the point OF almost paralyzng It In the religious
capital OF Pernambuco, ior few orothernoods es-
BY an lmmemorial right, fixed by several regtsla.
tive decisions and maintained by decree ,911 or
cases OF usurpation of jurisdiction and temporal
power, through any censures upon civil public en-
ployes because or their Office and for notorious
Violence in the exercise OF the spiritual jurisdc-
tion and power overriding natural law or the re-
ceved canons. Such Is the legislation OF our coun-
try which up to now had not been treated with
disrespect by any Brazilian preate. In accordance
with It, appeal was taken 70 the crown by one OF
procedure OF the Rev. Bishop was manifesty ex-
Orbitant and provocative OF disturbance, FOR 1t
Imported nothing snort OF the frightening and dts
quieting OF conscience by surprise, the entire
abandoning OF the rules OF prudence and charity
recommended by the Church, and absence OF the
due respect to the obligation OF civil precepts
which are certainly binding on conscience
Under these circumstances the imperial govern
Jured citizens, using sovereign rgnt against
plain and clamorous violence. 1t therefore con-
ceded the relief sought, and commanded, In the
most respectful terms, by order OF June H. that
che effects OF the Introduction be annuled. With
out lurther reflection and IN place OF obeying the
imperial government, the Rev. Bishop OF Unnda
not only has denied the legitimate authority o the
civil power, but has even repeated the acts de-
clared abusive and violent. and, in unusual lam
guage unpehtting his sacred ministry, has init
mated to the imperial government MS formal olso-
bedlence, Judging It completely Justliied by re-
tAnal hrln w T0-
voked by his inIormatlons and which he
at once had published, without dependence on,
or rather with misprison OF the proper benepldci-
rum In any case, within the Empire, as in all
Catholic countries respected by tue Holy See, the
placet is unquestonably sovereign right, and at
the same time O condition OF harmony between the
o, 1na tSsr neer aT Which though
antagonistic; they should identify themselves In
the thought OF the common good, without confu-
sion, and aid one another without loss OF tneir re.
a., a subject the reverend Bishop has resisted and
continues resist the lawful decisions OF the i'm
peria government, and, as preate mas SHOWN
excessive rigor toward the sheep OF his Iold. pro-
vokng them perhaps 10 schsm. which could not
be IN the religious intent OF Brazihans.
By these deplorable acts. which nave already
borne direful fruits in Pernambuco, and which
lnreaten the public order WITH Sc serious 10 aistur5-
he has incurred the action OF the penal laws and
should answer before the Supreme Tribunal of
And His Majesty the Emperor. concording with
the report OF the majority OF the full Council o
State, Is pleased TO command Your Exceliehcy 70
olinda Dom Fret Vital Goncalves de Oliveira as is
OF right and as Is reclaimed by the interest OF the
state.
God keep Your Excelency.
JOHN ALFREDO CORREA DE oLIvEIRA:
To the Procurator OF the Crown, Finance ana Ma
tional Sovereignty.
The Minister Of the Empire, whose name ap-
pears as signer OF the order, is q nephew Of the
Bishop OF 0linda.
CITIZEN OPINION
The general opinion is that the Supreme Court
will acquit the Bishop OF Ollnda for immense pres
sure will be exercised upon them.
TREATY-MAKING AND LAW.
The Brazilian government has ratified and pro.
mulgated an extradtion treaty with Belgium. BY
a special protocol it Is provided that the penalty
OF death shall in case be carried into effect In
any case under the extradition treaty. Brazil mas
now treaties OF extradition with France, spain,
Portugal Italy, Belgium, Great Britain and the La
Plata States the only ones OF any Importance re.
naming undone being the United states and Ger.
Last week the police made raids on many private
gambling houses and captured considerable
humber Of persons occupied in card playing. Many
OF these were persons OF "dlstinctlOn" and, as IL
was not convenlen. TO prosecute them, all were
The Court OF Relation has discharged the indict-
ment OF the vereadores tcity fathersl OF Rio, who
were suspended by the Minister OF Agriculture
and ordered to be prosecuted FOR dsobedience to
his orders. The Court he'd that only the Minister
OF the Empire has such power.
SLAVERY
The Supreme Court has decided that owners Of
slaves cannot be deprived OF the slaves they force
to become prostitutes. This decision reduces to
slavery many unfortunate girls whom the police
sequestered two years ago and obtained liberty
for by suits in the Court Of Orphans. BY law no
costs can be recovered against the protectors OF
slaves In suits Tor lberty-so the owners are Sc
verely mulcted, despite their victory.
WHERE Is LIvINGSTONE7