The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-19


iea, is il to be admitted that such doccsaus are In
conscience held follow, rule OF hio and belief
a tcachin. tncy know not?
SEwsrArER PUBLICATION AUTHORITY.
But viii say cncy clIcals are published In
ali the papers, consequently they are perfectly wen
known. That publicity which comes from the news
papers does not boar the authentic and Official stamp
indispensable when there IS question Of bind
ing conscience. There is guarantee given for
the accuracy of the text Of newspapers. Judicial
Newspapers give account every day OF CIVIL or
criminal jude ments. No ono ever imagined that those
interested therein obliged TO obey proceedings
known by means of the papers; like publicity cannot
assurody stand for leganctice Of tho Judgments
rendered Let suppose, moreover, that the Bishop
IN pastoral lotter inform his diocese concerning tho
Pontidcal cncyc lical Will such cncyclical assume
the quality and character OF real dogmatic consttu-
tions2 Tho information given by the bishop will be
| only mediate. Now, judging by the doctrine
thcologans aud oil Gregory XVI. hmscii in his book
ssrriumpn Of the Holy See dogmatc constitution
is necessarily direct immedaie act OF the Pope
an act directed by him personally, directly and imme-
daisly TO all The faithful OF tho Christian world ~
may objected that the encyclicals have been pub
Iishsd IN the official organ al Rome. The Holy See
has never expressed the intcntoE that the insertion
OF IFS In the Official organ should DO
considered as taxing the place OF promulsation The
popas have never expressed tho wish to substitute
tho ofcsa posting on the doors Of the Baslicas
ana IN Campus Fora mere insertion in tho col
umns oi the Official organ. Nothing consequently
seems changed in the manner OF FORMULATING pontlf-
teal laws and it docs not appear that the publication
ol ency ccss IN The olllcaI organ at Rome affords
the necessary authenticity In q matter Of SUCH I'm
por,ancc.
EscycLlcALs COMPARED UNIVERSAL CoNSTITU-
In most States the publication OF legislative act in
the columns OF tho on al organ OF the State is not
deemed sufficient guarantee Tor legal PRONUNCIATION.
IL Is moreover necessary TO insert the act
in tho Code Of Laws. NO tribunal would,
or GU tno other hand, could set about ap-
| plying a Law known ouly through tho Official
organ. Furthermore, when the Holy SEQ had al
organ never sent the copies OF tho paper containing
encyccas TO bishops. Uniyeisa constitutions, ona-
ing IN law Joro ezterao, come uDdor u different
ruling. Tho Roman chanccry never omts 10 insert
clause that every pin,ed copy signed by notary
andDearng tho seal of ecclcsastical dgnitary Is
equally as binding as tho original. Nothing Of this
kind ever occurred regard to encycIicas. From
all we have said cncy clicals promulgated, and
not only arc thoy not promulgated, but they can
not be.
WHAT IL promulga,iou? II is tho official notice Of
Judiciary given every mcmber Of society, with
out exception
EScycLcALs CANNOT he PROMULGATED.
Now, ency clicas addressed to every member
OF society, circulars reserved to bishops only
unirersis Episcopis commandment Sedts AposoIicG
Acknowledgement impossib therefore. to
ency clical II would be tho same thing
as making known a Judgment 10 people who take
part In a trial. Jurisconsults thus define law;
| mon precep, promulgated by him who watches over
society. Law must express a command comprising
all the members OF society; PRONUNCIATION Is possible
and logical only IN regard 10 common preccp'.
/ Now an cncyccal which IL no more than circular
rcserved to bishops. 10 whom II Is addrcssed cannot
xpress n common injunction II follows from this
tina, prom as lar cncy cicas concerned
/ is impossible
SIMPLY HoMILY
II VIC take up ono another the encyclicals OF
Gregory XVI. and those that subsequently appeared
wo cannot lind in them a clause relative TO promul-
CATION The certificate OF tho Magiscr Cursorum at
testing inc pronulgation by passing the doors OF
the Basiiicas aud Campus Flora is nowhere visible In
any or these H9c e,cycica pubticatz fut RonsG per
infrdscriptam Magsirum Cusornm 81 atira dd udivas
6asce pyincipis aposoiorum 60 in acie Camp Flor.
afiisouc consuciio almG Ustis ocis Hdc de &c. The
Christian world never saw ency clica clothed with
this form. III nm e0cyclica-which Is nothing more
! than a circular--bccomes known II Is the result
| oil accident IL Is not promulgated as law An ency
ciical is a discourse, homiiy an oratoricai compo-
| sltion 1t IS doctrnal exposition and not decree
ceusuring. stgmatzing, condemning and striking the
guilty.
yALuE CIRCULAR TO BISHOPS.
| There Is the same difference between a dogmatic
Judgment and oratorical Encyclical there be-
tween he plea oil an attorney general and the judg
ment OF the court. What prisoner thinks himself
condemned account OF the Attorney Generals
speech? Another hypothesis An aniir Of great I'm
portanco is carried TO the Court oil Appeals; the
judges not wishing to gvc judgment, simply draw
IN memorial on tho question OF law; they sign do
not sign tie memorial las IL happened with the
famous syllabus, but they make It known, ana even
read il to tho magistrates In tho form OF circular
| ask whether the doctrInai memorial OF the
Judges OF the Court OF Appeals takes the
place OF the judgment 10 DO maic known IN
due process OF law TO tho parties interested
ask whether the parties TO tho SUIT Will be legally
convin need Of the loss gain oil their case. think
| l haye made known the character and value OF
ncyclicais. come back to ono published by Leo
KILL on the 2lst OF April last, and OF which spoke
nj the opening OF this letter II has appeared in two
Roman papers, thought 20 be the Official organs Of tho
Vatican va, L'Osscrraiors and the roce delta Terita
These papers are not official. This Is all the pro-
nj ulgaton the Encyclical has had. Legal promulga-
ton moreover, MS Ihave already stated, Is utterly
| impossible Tor an act not directed TO tho
whole world Tho famous syllabus of 1864. which
bears no signature naa not the honor oil beng any
Roman newspaper, Official or oinciou-
| srrnEag
There are in the cGcyc llcai " April "a pas.
sagcs which appear obscure and which must needs 30
explained according 10 the teaching Of tradition No
pope 10 matter how cnghtcncd or how powerful, mas
ever lone or ever sill do anything against the
nous teaching OF the Catholic LcnooL Leo Kill.
| speaks OF .supremc truths, which arc, as u were,
the foundations which repose the state OF human
socloly' what are these supreme truthsY There
arc two First Man by nature Is destined 10 live IA
society and lac cannot do thus without the establish
mcut of civil and political government Hence,
tho obligation 10 obey the laws, no, oaly
on account OF physicai compuislon but also
through a motive OF conscience; sccond, tho moral