The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1875-03-14
The italian Government and the Clergy.

Victor Emmanuefs Minister iof oiaeo
and Justice, Vigliani, has written an i'm
pprtaut letter to the Procurator- eneral of
the Court Of Appealin Rome. In 1T be says
public attention has recently been called
by the Roman journals to the conduct OF
the Government and it's officials In dis
charging the duty of watching, REFRESHING
and Furnishing the attractions OF the laws
committed by the clergy in the exercise OF
their functions. Tolerance was, 1t was
supposed, carried go far as to permit preach
ers in some churches to assaii Government
with every species of vituperation and To
| threaten it's approaching tail. 1t was also
supposed that while the Superior Ecciesi-
astics abused their authority by upJustiy
prosecuting the parochial and lower clergy
men on political m olives, thereby offending
| the iaudable feelings of citizens, the GOV
eminent failed to use the means in it's power
to correct such abuses, at least 80 TAR as
| the civil consequences in respect TO tenn
poralities were concerned. Although moth
ing could be more contrary to the inten-
| tions aud acts of the Government than
such suppositions, and although he consi-
ders none of the alleged abuses has been
| verified in Rome or elsewhere in Italy,
Vigliani cannot refrain from addressing the
PrOcurator General on the subject. lie
has no reason to doubt that the Procurator
has never in the past omitted, and Will not
in future omit, the regular application OF
the penal laws to those excuses and ab
uses Of the clergy which have been, or may
| be, denounced too him. He believes also
that the officials. whose part it is to report
such alleged attractions of the laws, have
discharged, and will discharge, their duty
! respecting the conduct of the clergy, and
more especially concerning the sermons
delivered in the churches in Rome. He
has indeed no reason to believe that any
ecclesiastic, subjected by his superiors to
unjust cepsures, has invoked, or will in
woke, uselessly that assistance which in
civil effects could or ought to be rendered
| to him by the civil powers IN the legal way,
prescribed according to the 18th Article OF
| the Law of Guarantees enacted on the 18th
| of MAY 1871. He is certain no magistrate of
the State will ever fail to prOtec5 the rights
OF the State and the princi pies of justice
| against unjust attacks from the ecclesasti-
| cal authorities. The Government while
faithful in observing aud respecting the
| liberties which were, on its entrance into
this grand metropolis of the Catholic world /,
granted to the Church, will yet firmly ad
here to the resolution not to tolerate the
abuse of SUCH iberties, aud not TO suffer
the laws of the State which correct that
abuse to remain in the smallest degree un-
obsevered. Nor may the larger privileges
conferred on the Holy See be extended
with detriment to the State beyond their
legal limits The invieiability of the Pope
for his speeches, of whatever kind they be,
aud the liberty he enjoys of att king to the
doors of the basilicas and churches In Rome
| the acts Of his spiritual ministry, do not
exclude the responsibility of those who le
produce by the press OF otherwise publish
such acts when they contain offences
against the institutions and laws of the
State. He reminds the Procuratnr of the
last provision of the 18th Article of the
Guarantees, which denies all civil force to
those acts of eccleslastical authority which
may be opposed to the laws of the State
or to public order, or hurtful to the rights
of indlv iduas. such acts would doubles:
be those which should manifestly appear
devoid of any canonical force, or DO con
trary to the national institutions or be pro
nounced outside ecclesiastical Jurisdiction
OF without observance of the forms requisite
! tn validate chem according to the Canon
| LAW These radical defects, which rende
acts null and void, can and ought, withou
the least offence to the spiritual jurisdic
ton, to toe taken into consideration by til
civil authority whenever called on to de
eide the questions which may arise between
the parties Interested concerning the civi
effect of acts emanatiDg from the power q
the church. The novelty of these proceed
+ ings demands the moat serious attentio
, from the magistracy in order to obtai
the Introduction of "a Jurisprudence in con
formity with the principles of right an
the real intentions of the Legislator. I"
! as much as the exact aud constant appica
9 ton OF the penat laws to abuses committe
a by the clergy demands the concurrence
p the authorities of Public Security in watch
i ing the conduct of the clergy and in faith
. fully reporting to the magistrates the act
n reproved by tie law, | think it opportuD
: that you 1.-THE ProcuratoT} should excite tn
a authorities of Public Security to exercis
g necessary vigilance upon the discourses
q the clergy, and to ascertain and denoupc
: those persons who shall make themselve
liable to the penalties oftbe laws in force
t a thing, which for the good of religion an
] the State, l hope and expect may Deve
g happen. l have full confidence that you
y and all the judicial authorities aided b
E those of Public Security, will! by your actt
4 demonstrate to the public that liberty c
f the Church, properly understood, is not i
t Italy al immunity for clerical excesset
e and cannot be separated from the just an
r prompt repression OF whoever may presum
q to abuse It,"
e The meaning of this extraordinary dncu
= ment is that although the clergy hav
givOn no offence, vet in commitment +