The New York herald., 1875-10-30

loyed cVeryWherc, as we believe either the right 70
nominate the bishops for the Pope's approval or the
right 10 refuse and exclude them by Withholding tho
exequatur i was also the patron OF large number Of
ecclesiastical benenceS Thus the state had It's stand
Ing ground actually established within the ecclesiastical
precinct and II discharged functions which essentially
apperained to tho equilibrium OF powers within the
Church and as among her different orders The mere
withdrawal OF the State from s legal and constitutional
action could therefore supply no solution 10 the prob
not merely the Abandonment but the proper disposal Of
the powers which were actually in It's hands.
TnE ANCIENT SYSTEM or CHURCH GOVERNMENT.
Tho ancient system of tho government OF tho
Church was constitutional system Of balanced
powers Tho bishop ordained, ana IN the west
chose them. Later on, the patron, ecclesiastical or
lay IN virtue Of the endowment came into the peoples
place or privilege. Tho bishop himself was elected by
the clergy with the of the people, or their
assent BY degrees state of things came about IN
which, far Italy concerned, the people had
generally disappeared It's powers and functions IN
appointing pastors and governors of the Church. to-
gcther with those or the par OF tho priesthood,
had either been inherited by the State absorbed by
the Pope In England lay influence Is very largely
maintained among other modes by lay PATRONAGE but
IN Italy lay patronage Is comparatively rare. virtually
these great powers held principally by the Pope IN
the Of Church. partly by the State on behalf
of the people, and TO some extent of the clergy As
tho Popc's best title that he acted for the preven
ton OF secularsm the state was undoubtedly trus
tee for liberty; and the balance OF powers which was
fundamental law Of government in the ancient Church,
WAS, though in strangely altered form, yet after
manner and to substantial extent, maintained. Tho
question then arose to whom was tho state In retiring
from the sphere of ecclesiastical action to make
these most important powers2
Surely, on every ground of principle the State, as
trustee could not obtain legitimate release, until II
should have deposited elsewhere the powers 1t was
about to surrender in manner agreeable to tho spirit
of its trust. II they to remain simply derelic
they would be the object of general scramble result
ing in chaos else II there were one of the parties to
the strife which possessed of an effective organZa
ton, while the others were without IL, they would
assurcdly become the prey OF that party
THE DsEsrABLIsHED IRISH CHURCH.
We not without means of illustrating, from
the history OF our own country, he very important
have witnessed the establishment by regular legislative
action, OF ''frce Church in free Statcn The auson,
of course is to the of the Church formerly esab
lishcd by law in Ireland In that country the civil
power besides being patron of certain dgnities and
benenccs, bad the power of appointing bishops. 1t did
not, in England, nominate TO the chapter, who
legally punishable If they do not elect but whose
choice Is, Notwithstanding moral choice laden with
the responsibilities of free and deliberate action.
In Ireland royal nomination at once placed
the person designated in the position which,
on this side of the Channel OF ST. George, he
holds only when bishop elect. He was n condition
to be confirmed and consecrated Had the Crown by
the Irish Church act of 1862 simply extngushed its
own action in this matter, IT would probably pos
siby have been open the archbishops OF Ireland
any rate to them with the aid of their suagans, 10
appoint the to vacant sees, and thus TO
found something dangerously near to at least theo
retical absolutism But the view taken by the British
Legislature that dsestablishment did not extin-
gush right in the Church. and that the prerogativc of
appointing nominating could not thus be left to take
its chance In the course Of the measure through The
House of Lords that legist Lord Westbury
contended that Parliament making present of the
governing power over the Church 10 mob. But in
truth il was gwen by the express words the act not
to a mob, but To community already constituted in
three ORDERS to the bishops clergy and lay and these
put in condition by their joint action three
orders jointly constituting an organized body to make
provision for themselves by voluntary contract. Thus
the State having been trustee for the people and hav
ing heretofore given its authority TO laws for tho
Church, both left her in condition to pass such laws
for herself and took care that the people should be
parties 10 those laws.
In Italy different course has been pursued Tho
constitution OF the Church rests lar as the State is
concerned, upon
THE STATUTE OF GUARANTEES
BY this law provision made for the free action
security and independence of the Supreme Ponti and
made in spirit not of Justice only but of lavish gene
rosity, probably with the hope, TO which, at least it
was honorable TO cling that by this liberal spirit con-
joined with the force of circumstances, the hard and
obstinate spirit of the Cura would at length be brought
TO some kind of conformity. But another division OF
the law deals with appointments in the Church. The
material portion OF it runs follows-
''XV. The government renounces the right Of apos-
tolc legazia in Sicily an the right OF nomination
presentation IN the grant OF the major appointments
The bishops shall not be required 10 swear fealty TO
the king.
ttXVI The cxcquatur and royal placct abolished
with every other form Of governmental TO the
publication and execution of the acts of ecclesiastical
authority"
Then follows reservation, which we believe was
comprised in the original design, and which pro-
vdes that until further legislative arrangement shall
be made concerning Church property, the exequatur
and the royal placet shall be kept alive but far only
of major or minor appointments The parochial
patronage of the Crown kept alive but this TO
be of comparatively limited range Speaking generally,
appears that the civil power has kept its hold upon
the bcnencium, but has surrendered the olicium and
the whole of the deep interest which the Christian
people OF Italy have in its right disposal is handed
the tender mcrcies of the ecclesiastical authority
Now this, we should contend, was breach OF trust
The share in
CHURCH APPOINTMENTS,
which the State heretofore had held should have been
given back TO the lower order Of the clergy and to the
IN VhN4a hnhn hplI fhne ehurn
But such breach OF trust was intended. When
the subject OF trust has become absolutely worthless
the trustee Is absovcd from further duty in respect Of
IT, When he supposes II thus to have lost all value he
will, OF course, estimate his own duty If the value
was rcaly4 Exhausted. There is no denying the awk-
ward fact that the policy of Italian governments with
regard to Church power, perhaps with regard to re-
ligon in general, has been founded upon an illusion
alike palpablc and mischieyous They cannot be
quilted Of the charge of having betrayed the interests
OF the people IN Church appointments by leaving those
appointments to the Pope his agents; unless upon
the ground-whch seems to be the true ground-that
they thought these Offices had lost their Importance
and the religion that they were to teach its power. No
rational man will quarrel or take pains except about
things which live. In Italy the crust of Curiasm has
cnvcoped the divine treasure Of the Gospel TO
hide from her most modern parliaments and states
men. Against Curialism they know themselves to be
we'll defended by the good sense of the country; of tho
kernel that within Curallsm, so long had been
kept from their view they have seemed TO think thcys
need take no account Religion, they might have
thought-if their thoughts are to be gathered from
their actcnshas played great part in tho past, but
has share in the future OF mankind New powers ana
principles have into action science, experience,
art culture, civil organization have reached bulk and
maturity which displaccs " from the rational and
manly mind, and which Will prevent any lack OF II
from being felt Like an individual man, great when in
his flower, but dccrcpt let religion, too, retire
bccomingy from the stage, and no longer offend US
with what has been subjective, II not objective,
reality, but what would now bc only an imposturc
RELIGION AND EpuCAT1oS
Such, II we set aside the theory OF ultramontansm,
which has certainly not been direct agent in pronot
ing thus course is the only theory which justify
the surrender of the entire government OF tho Church
aud OF tho power TO I'LL It's Offices without check to tho
Pope and his agents Unhapliy, there is other evil
dcncc that tins theory has been powerfully operative
in Italian policy. IL thing to separate tho
Church from the State 10 is another TO separate
ligion from education and from lilc There has been
tendency to this latter separation, too Tho faculty of
theology has been cxtngushcd IN the Italian univcr-
stcs. We do not doubt that there may have been
multitude Of difficulties connected with IT'S mantcn-
ancc. But surely, IL worth while to encounter
them rather than To adopt measure which denies to
the lay student the of obtaining scientific in
armclnn rcsnccno his rcglnn: and which. rccards