The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1873-06-01
ng,rning Star and Catholic Messenger.
sRa& HEW ORLEANS. SUNDAY, JUNE l. ls73
M From Our Own Correspondent
OUR IRISH LETTER.
DUBLIN, May g, 1873.


81 5s.sarday-the Court of Queens Bench deli,
erea Judgment on the legal points submitte
g them and involved in the forthcoming iris
SroSt a aSsGn H Mn'G En;pan ns hgeae ha
Ism ss@pd the decisions of the Judges-of whol
49, are four-are extremely important an
ting, especially to Catholics. But be
~ toll you what those decisions are, mus
$3.50 brief retrospect, Father O'Keeffe quar-
with his curate and his bishop, ant
actions in the Queens courts agains
1o For this and for other Continuation
81 - 49, Which gave grievous scandal, he wa.
ms4Eso answer for his conduct before Carlina
- His Eminence having previously OBJ
d IRON nd the Pope ops and Sacred College in
%Uede aud pronounce Judgment in his case
Okeeffe duly appeared, but I believe
49, ~ nething but protest against the consti-
~ Mzes OF the Ct.nrch which he had himself
4 a9134 to abide by when entering the holy
1nin!1EEy. The Investigation was adjourned to
RraA9&An opportunity of being better advised;
OF before the Cardinal and thdre re a the the
81 ssospsndedi him and published the
Get3cs in every hundred. or even larger
I PfcASlon believed the Cardinal could not
] ~ ~ ssSone otherwise, considering. Father
I O. la3Msn doubted the validity of the snspen-
Eeasexa Of Father o'keeae from Tie chapi a
ehsanagership Of the Callan. National
sc% This took place on q notification by
g. g. o'Keefe,s bishop to tho Poor Law
sspeqEely. Father O'Keeffe then brought the
aoe!a4 against His Eminence, Cardinal Cullen.
e. has given rise to the important legal
esFas for libel. and the libel was charged
g easdst in the publication Of the sentence
g pension, Father OKeefe contending |
49, e had net been suspended at all, and
Pc % md had been thereby injured in pocket
and sepntation. To this the Cardinal pleaded
sssssai defences, the chief Of which wero
We esspended, and that he was suspended in
aesssGsnoe with the rules of the Catholic
CnAs33s OF which he was o minister. The Car
@inH4 fRrther pleaded that he himself was ius-
- u suspehding Father o'Keeffe by the
fescript giving him authority in the
xaas9a and also by the fact that Father
0keae had broken contract (not to go to
lAw With any Of his Acknowledgment into
whisNA had voluntarily entered when Joining
1ne psisstho od, and the penalty of which was l.
y ha sin d fem the
nsys1 The Court Of Queen's Bench, in WS;cb
Ae Aq4 Brought his action, to set aside as in
v q untenable. In fact. what he asked
nto which he did not deny 10 had entered,
Waa eae contrary to public policy, Inconsistent
Ifca4he laws and welfare of the State and | =
one that ought not to be held bind i
rs 0n him in q civil court; and secondly ,
hat s.e Papal rescript cannot legally be acted
a ~ e5is country by the ecclesiastic or eoce-
iasttes 80 which it may be addressed! There
= q ntatqte of Queen Elizabeth which pro-
linisS the afnrmance or assertion of any
o0GMent emanating from the Pope, and Fail
heg 4sKeeffe asked the Court of Queens Bench | A
Q REs This statute into force by holding that
~ Eescri pt addressed to Cardinal Cullen can
o6 D. pleaded by the Cardinal as q defence
az eetion for libel / This is a queer thing,
ou viii say, for priestof the Catholic Church r
> dos who even still processes allegiance in Of
p1r1e1l matters to His Holiness and acknow-
d4aR She binding force of the DEGREES of the -
assoSa Council; but unfortunately Father
.Assne has done many other things Just as OF
oeezsHAnd now for the decision of the Queens bl
e1ehtcn these points; but before 1 mention al
99st make one more desirable, if not ne m
NO the membeRe of the Court of Queens in
saens are. They are four in number, as tt
we 4lSeady said and their names are Chief vi
90 katzgerald, and Mr.. Justice Barry. OF or
,hifeside think have in previous letters til
iGEan something. If your readers recollect ev
heS Ibid say about him on former occasion or
ey viii at once perceive the justice of call. pr
8 nt1 Judge who knows very little about so
Y, MY Pretends to know great deal who I'M
ST. the loftiest impartiality and the high mt
x1Pect for constitutional principles but Ia sic
xeesAty gross Partizan in any matter into ste
s!g4A the Catholic religion or-any kind of of
l I can possibly come He is Protestant, pr
Eg&ar the Catholic Church he never nseleots of
onportunity. In this O'Keefe case he has tia
fsk times trampled on all judicial decorum am
2sEH vent to his partizanship. Time after the
p - has expressed his horror ut what be an,
h@en pleased to call the tyrannieal con- Y
q - Rome" towards Father O'Keeffe THIS sid
~ three Judges are Catholics, and are All tho
ll.sred, and Il believe rightly considered. sol
a. satc'pGllo the superioFs as lawyers of the cor
see Justice. Two of them are absolutely GEL
eeEeial in every oase-free from every faint rea
peteisanship-I allude to Judges O'Brien the
&arry. Judge Fitzgerald 10 impartial, too, tho
eR9 In political and religious cases. When the
.thang like a FeDiau case comes before him irri
y s. eager as Whiteside himself would be coll
VA victory per tas aut nefas for the Gov pre-
meat of England, and he is by no means any
Es8en giving q knock to q priest. such imp
1g The Judges, what were their jud gments had
ntaAt be expected, Whiteside was on all Sta
tn in favor Of Father O'Keeffe. He con- was
rp4 that Father O'Keefe had no power to mar
sraef himself ont of his rights to appeal to Sou
oe7Ets of law against his Acknowledgement Nor
~ ne contract into which he entered was pref
mss publ policy and inconsistent with tori
snFremacy of British law, and therefore invs
f29m the beginning, and could not be sent
1eN egeinst MIN by Cardinal Cullen. lie man
hcld that the Cardinal could not acts66 tEste
&&pal rescript giving him authority and eeye