Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-10-15
ne Guibord Case In England.
COMMENTS OF THr LONDON TINES.


From the Times. Sept n. n
The city of Montreal has been cast into q
state of something like civil war by the
| question, whether man who died Eve years
ago shall be buried in consecrated ground.
The story, which cur Canadian correspond
cnt told yesterday, and which our Philadel-
phia correspondent reeounts to-day. is
! scarcely freed from an element Of comedy,
even BY the solemnity Of the grave ; but in
truth it is seriously important to this coun-
try, as well as to Canada. fali .l.l
I = s.tlls So s4lHa o.
/ 1t would be difficult to find more in
structiye example Of the inevitable collision
between the civil authority and the Roman
Catholic Church, wherever that Church feels
itself powerful. What has happened in
Canada might easily occur in Ireland, or
even in England. The authorities of the
Catholch Church claim supreme jurisdic-
ton over their hocks in all matters spiritual,
and the merely abstract demand may be
1 readily granted. In the eye of the law
their Church is merely corporation, with
no greater and no less rights than any other.
Ii Is in precisely the same position as the
London and Northwestern Railway, or the
Carlton Club, and it is allowed to exercise
powers Of discipline, not b. iusc it has a
sacred character, but simp, because its
members have the same ciyll ights as other
citizens. If they agree to O particular
man and to be bound by a .rticular set of
rules. they may be held to u! lr bargain so
long is it contains nothing essentially lille
gal. Within these wide limits the authori-
ties of the Catholic Church are certainly
the supreme spiritual judges of their flock,
and they may deny any member Of their
| Communion the Sacraments on precisely the
same ground as committee of club may
expe any member who has broken its rules
| Nay, the Bishop Of Montreal would have
had right to prevent the body Of Guibord
from being buried in consecrated ground, if
the man had really forfeited his spiritual
privileges. But here come, the collision
between the law and the Church. Did he
forfeit those privileges The Catholic priests
reply that they alone are entitled to answer
a question which is purely spiritual. Bat,
in reality. it is civil As well, because the
denial Of Christian burial mas inflicted
stigma on his memory and the reputation of
his family. When his representatives claim
redress the Courts must treat the matter
simply as dispute between certain mem
bers OF Corporation, and decide it az if it
were an action brought by some sharehold-
ers OF a railway company against the direc-
tor-. All court OF law asks is whether
particular contract has been kept, and if the
bargain has been broken 1t is bound to give
relief. But, as it must retain the power of
determining whether contract has been full
filled, it really becomes in the last resort the
supreme Judge OF spiritual ~ well as tenn
porll affairs. Roman Catholics, Methodists,
BIptists. mag all be free from any formal
connection with the State, and they enjoy q
large amount Of liberty 4; but they can no
more escape from the dominion Of the law
than the Church Of England herself. All
the defamation Of the Montreal priests
against Gdibord's right to his grave being
negatiSed by their spiritual Jurisdiction |
comes from Il confusion OF ideas They
have merely such spiritual authority as they |
draw from explicit or implied contract with !
their hocks, and the Courts Of Law must
determine whether they have broken the |
bargain. Now. the Judicial Committee of /
the Priyy CJancll has decided that, accord
ing t. the law Of the Canadian Church,
Glibord did not forfeit his right to Chris
tian burial merely because the Bishop in
claded him in . wholesale accommodation.
Sir Robert PhillimOre and the other Judges
Of the cause did not pretend to decide
" whether the law Is good or bad That is a
matter which the Vatican and the Canadian
must settle for themselves. If the Pope
and the Bishop DO lot Ike the law, they
can endeayor 10 obtain change III it but,
50 long as il; exists, they are as much bound
10 obey it rs if they were the most secular
If traders. ANY attempt TO resist the de-
,ree OF the Judicial Committee must, there
Ore, be punished jlst a. severely as the
most vulgar breaches Of the public peace