The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-26

TAx PROPER METHOD OF PRoAuL0ATioA
This is the preamble o, the deGnitlon. All doubt
would vanish n the Pope hAa given his dc6nition
In . public session OF Council although, properly
speaking, 1t 10 not customary 10 promulgate denni-
lions OF which the text has not been entirely
considered and completed. II u not usual 70
modify the expressions OF a law which one ~
tends dsposing OF finally and irrevocsbiy, and
this done by legal promugatioa. unior.a-
naiely, this meeting Of bishops with tho Fope
who was pontincatng aid not form council PANS
had been taken 10 announce this TACT openly. ~
council secretary OF the council OF some bishop
procialms tho DEGREES from pulpit there IS NO cyl
dsnce that the Pope took this precaution The rule
established in 1902 for rst session OF tho Vatican
Council prescrbes that the DEGREES shall DO read oy
the secretary BY some bishop ARTICLES Ito, III,
liz, llal
MISTAKE Plus
knowledge Of laws aud legal traditions oblise as 70
acknowledge that, IN The present case. -. Peters
Church Official station tor PRONUNCIATION
Of . dogmatc or disciplinary law. Consult inc
shirty forty largo volumes containing the
acts OF general provincial councils. Take up,
besides, tho thirty volumes Of the "Roman Buiari-
um.'' You cannot ma pnywhsre case warrantng
you 10 conclude that dogmatc definition was pub
shed after tho manner adopted in tho Bassca OF ST.
Peter on the Slh Of December 1854. Most assursdly
nus n. might nave ueCLhJou Sndt nc Nioneu Aau
Understood tho proclamation he wos about 10 make.
irtya missasum soiemnta, and in presenoe Of Inc
bishops who wore not assisting al council 10 navs
the same effect aud TO be OF equal account MS the
PRONUNCIATION had been made III formal council
do rot contest the Popes power Irsadty agree that
he is tree change the manner and the for
malities in the PRONUNCIATION OF constitutions apd
OF general laws Did he change this manner
and these iormaities in the present case! He dtd
not, Tor he said nothing on the subject Tho revoca
ton OF Traditional Lac ought 70 b. mado 10 dis
tinct and legal way Implied aorosnton is impossi-
bls from this follows that tho traditional disci
pine IN regard she promulgaton Of postinoai laws
still holds all It's binding force, standing against
any interpretation that might be construed favorable
TO acts done ~ Romo December 5. 1864. Besides
all this, the change In tho manner OF publication
could not have taken place without formal law, ana
this IN tnrn should hsyo been promulgated according
to tho usual forms Il is therefore certain that tho
bull ineGa1is was not promulgated during the cere-
mouy OF the Sab OF December, 1864.
THE BULL AT FIRST RxJxcrED BIsHoPa
The bull was not, as have already stated, fully
drawn mp Tho Roman iheologians had prepared the
bull but me bishops, who, In special conference,
looked the rough draft. rejected II, because OF
insufficient theological basis To tell the truth, the
bull began by sonsiassations founded on allcgory.
Different passages from the Bible, of no account ex
ccpt in a ngurativs sense ana mover admitted In
theology rs demonstrative, were presented ~ tho
bull convincing proofs for tho belief The bishops
assembled conference reasonably asked for moro
solid foundation; thsy took starting point the
passive belief Of the Church. leaving TO secondary
consideration allegories borrowed from liturgy and
the Bible. This work occupied several weeks A.
last the bull In.5a1iiis Was nnisned and ordered
printed al the private printing establishments Of the
Quirinai
IT WAS xxvER PROPERLY POSTED.
This vas tho time 20 look alter lsgal promuIgaton
and have the bull posted in the Campus Flora and
other usnal places II appears that even
thought OF IT, The dogmatss bull was published
simply BY communicating Il 10 the cardinals, bishops
ana TO other personsges The newspapers took up
the document and thus gave II an tpmense clrcuIa.
ton. This Is AL the PRONUNCIATION acquired by tho
bull ineGa5ilis. Looking ecopies printed At
the Quirnal syon will never be able to fnd the
declaration the mdgser cursoru. tcstyiug that the
bull was published, promulgated and posted in
the Campus Flora and on The doors Of
the Roman bashicas ! do not Think that
any person who was In Rome In December, 1854, can
testify 70 having the bull inegabais publicly
posted the doors OF tho basilcaa remember that
a writer, who had work process at the time and
wished to insert tho authentic text OF tho bull In
his work. sought In van 70 procure the certificate
ativs 10 shs FORMULATION. Tho Christian world
ceivsd tho bull ,neDabas In good NTH and as IT.
had been promulgated according 10 iaw. II WIS be-
Iievsd at tbs time, and u v believed nov taat Tho
TX defined as an article OF faith immaculate con-
ccption Of the Blessed Virgin
Az IsvssrsGArox NECESSARY.
No one ever raised tho difficulty inherent 10 the
legal PRONUNCIATION OF the bull fne6dtafs A common
error, however. does not make Law, especially Ia
matter Of dogma, aud when there Is question OF i'm
posing on tho Christian world article OF faith
THIS diinouiy must be looked into sooner Or iaseE
do not undertake solve and l willingly leavo II
10 general council and TO the Pope. IL IL Ger.
tany Of Importance Tor the head OF the Church
II may be objected that the bull ineGdbis pub.
lisnod In the Official organ at Rome. To this
answer, repeating what sand In . former lotter.
ONLY Regular METHODS OF PUBLICATION
The Pope never expressed the intention tho
visn chat ths insertion Of his aetS In the oaoiai
organ should be considered as taxing the place OF
legal PRONUNCIATION rhe Church up to to-day has
known but ways Of legal prom aga.tos d poutia-
cal acls-vz, pubiicntioa In the public sessions OF
councils and posting the doc Of basilcas and or
churches This Is what 10 generally observed NJ
Rome Tor bulls briefs, for decisions OF the Index
and OF the Congregation OF Rites requiring legal pro.
mitigation.
Fra-The popes have never Expressed . wish to
substitute Tor the Official posting mere insertion in
the columns OF tho Official organ | therefore con-
ciude that In the manner OF promuigasng poutihcai
laws noihins bas bssn changed, and that insertion IN
the official organ al Rome not afford tho
sary authenticity SO Rrave a matter
Second-Roms no longer possesses an onasisl organ,
~ ceased TO exist tho day tho Pedmontsso entered
Rome, september 20. 1870.
Thnd-In most Common wcaiths inecrtoa OF q
Legislative act In tue ociai not deemed sui-
bclcnt guarantee Tor iegsl promulxaton. rhs act.
moreover, must be inserted In tne 'sCode OF Laws .
No tribsnsl would OF oosid apply . iaw known only
by mcaps Of ofncial organ. The Court Of Appeals
In PARIS has lately quashod a number OF Judgments
rendered good ai,h By the tribunals during nfeen
years, audsr the impression that tho law Was In.
serted IN the Code, whereas u had only appeared In
tho snloiai organ. commsa error makes no law.
Rome n1vsr In the habit OF sending O the