The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1874-04-19
portant phase. The state was arrayed
against the dignitaries of the church.

orders, on the ground that the state had no
Jurisdiction in the premises that the
the temporal power in such cases that the
brotherhoods had no right to appeal to the
secular power; affirmed that appeal lay
solely to the Pope and to emphasize his
purpose of disregardipg the mandate from
the supreme power of the secular govern
ment he proceeded to interdict about
thirteen other brotherhoods on the same
charge of fraternizing with the banned or
der of Freemasons. In addition to this, and
DESTROYS of still further asserting the inde-
pendence of the ecclesiastical dignitaries of
State control, in all matters of this kind,
the Bishop of Olinda proceeded to publish
papal brief, without conforming to the law,
which requires that before any brief, de-
cree, encyclical, or bull, from the Pope can
be promulgated, the royal placet or permits
sion shall have been first obtained. This
took place in the last month.
ACTION OF THE IMPERIAL LEGISLATIVE
CHAMBERS.
This position taken by the Bishop of
Olinda created profound sensation in
government circles. The legislative Cham
bers were in session at that time. The
rebellious attitude of the bishop and the
fact that he was sustained actively by
nearly all the Bishops in the empire, was
looked upon as cause for exercising extra
garded it as an important crisis in the
affairs of the government. The chambe
offered to clothe the ministry with any ad-
ditional powers deemed necessary to meet
what was regarded as the dangerous issue
raised by the prelates of the church. The
government, however, held that any new
powers were altogether unnecessary that
the long existing, and never before ques-
toned laws of the empire, were quite
sufficient for the emergency. And thus the
line of proceedings was marked out. The
ministry determined to promote prose-
cution before the supreme tribunal of JUS
tice.
An officer Of the court was at once dis
patched to arrest the offending pre1ate,
bring him to Rio and commit him to prison,
the offence being an unbailable one. The
arrest was effected on the 18th of February,
at his Grace's palace of Soledad. in the city
of Olinda, a few miles from Pernambuco,
and the distinguished captive was at once
brought to this city and confined as
prisoner in the apartments of the COM
mander of the imperial hayward, subject
to the disposition of the supreme court.
These proceedings having been had, it
was determined to afford the accused an
opportunity for defence. The court caused
a copy of the charges to be made out and
the crown attorney, Don Silveira, had him
served with legal notice, and copy pro
forma of the indictment with summons for
the 18th inst., at which time the supreme
tribunal of justice would hear the cause.
To all the proce edings against him the
bishop refused to plead or answer at all.
Under the Indictment, copy of which had
been furnished him, the accused prelate
quoted these words from Mathew 26. 63 {:
Jesus Autem Tacebat. But Jesus held his
peace.
THE ARRANGEMENT.
On the 18th inst. the supreme tribunal
of Justice convened for the purpose of try
ing a high dignitary in the ecclesiastical
government of the empire of Brazil. The
event was memorable one in the annals
of the nation. AT half-past nine o'clock in
the morning the accused prelate, accom-
panied by his grace the bishop of Rio de
Janeiro, and the bishop of Kansas, United
States, entered the chamber in which the
high tribunal sat. There were many Of
the high dignitaries of the church and of
the empire present. The most profound
silence reigned throughout the great hall,
and the scene was betting the great oc.
casion. The prelates present were all in
full canonicals, and the ensignia of their
high Offices. The president presented a
petition from Senators Councillor Goesese
Vasconcellos, and Candida Mendes de Am
eida, LII. D., requesting to be admitted as
petition was granted. The crowns coun-
ci}lor exercised his privilege under Brazil
ian law and challenged the right of one of
the associate justices, Councillor Figueira
de Mello, to cit as judge in the case:
De Mello retired. Senator Mendes, one of
the spontaneous defenders of the bishop
desired to except to one of the judges, Conn-
cillor Valdetara. That gentleman denied the
right of the spontaneous defenders to SO
except. The accused or his regular coun-
cillor could so except. The defendant in
this case absolutely refused to answer.
The bishop refused to plead to the accuse.
tion or in any manner recognize the right
of the secular authority to interpose.
When asked what answer he had to make
he simply repeated Jesus Gutem tace6at.
"But Jesus held his peace" There was
considerable discussion in relation to the
right of the volunteer respondents to ex-
cept to a judge. 1t was finally settled
that no such right pertained to their spon-
taneous admission to appear in the case as
defenders. The discussion occupied the
time until the afternoon when the case was
adjourned to the 2lst inst. The Brazilian
courts and the people are never in hurry
and "to wait little" are words in all
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