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

or doctrinal
RELIGIOUS POLITICAL DOCTRINE.
II Is therefore perfectly aver that the last
two popes had tho courage to look The doctrine
Of national sovereignty square in tho face A'er
the mention OF supreme truths the Encyciicai
speaks of 'tne boldness OF those who cannot
bear any legitimate authority" Catholic doctrine
admits the legality Of all forms oil government OIL
aarchy or democracy providing they spring IRON the
common Will. The neo-legitimlss. who, disagreeing
with the wisdom OF ages admit Of no legitimate form
OF government outside OF monarchy cannot lay claim
to this passage OF the Encyccai. sTno Church gov
ems Tho human race in the name OF GOO; she IS tho
guarantee and support oil all legitimate authority"
do wish TO say that this phrase captious but
10 make II harmonizc with historical and traditional
doctrine n great many distinctions are necessary,
and II must be viewed in different lights. inc
Church should guide mon in religious concerns
freely grant, but that she ought exercise political
supremacy, this do not think the Pope himself can
mako an article oil Catholic doctrne--to this all
jurisconsus and thcologians can bid defiance. Tho
real guarantee and support OF all legitimate
authority republic or monarchy is tho natural law
which dictates to that God Is the
foupder OF human society inasmuch as He is
the author OF nature; mat Hc, therefore,
wishes to submit from motives Of conscience 10 the
laws OF the government. which the common Will must
necessarily establish in the interest and security Of
all. and for the protection OF the rights Of every IN.
divdua Of the human family. Mans reason and con-
pointing to him natural justice, the teach
Ing OF the Church not tho only offered him to
learn the essential rules OF tho natural law
LAY INSTITUTIONS.
aPubIic institutions devoted 10 charity and good
works have been withdrawn from tho sauary
guidance OF the Church." Canon law recognizes the
difference between ecclesiastical institutions OF
charity and good works and lay institutions in
which tho clergy have control The Council OF
front has sanctioned this distinction. Italy dotted
all over with institutions Of purely lay character,
and which, thanks to this character, have not
been incsmerated-that is TO say, sequesirated-
on account OF laws concerning the suppress
sion of ecclesiastical property. Tho city OF
Milan. among others, possesses different institutions
OF charity with a fpatrmony Of sixty millions. II n
priest is called into the council OF administration 1t
is an exception and account OF personal choice.
suppose that Leo MIL wishes TO change radl-
cally the law. Under the actual legislation o.
Italy, moreover, lay institutions alone possible
Tho Council OF ffent allows charitable Institutions TO
bc removed from under the control OF tho bishops
and the clergy.
MARRIAGE AND coNcuDISAGE.
In the first part OF my letter referred TO the tenn
pora power OF the Holy SEQ and the quiet demands
made by Popo Leo XIII. The Encyccai places in
legal concubinage. Indeed, this Is one OF tho most
lengthy articles OF the circular. simply desire to
state that religious marriage, performed in presence
OF priest and with his blessing. is human and
worldly law and not an article OF Catholic doctrine.
The Galiicans thought that the priest was the minis
ter of the sacrament OF marriage. cannot believe
that Loo X H. adopts the theory of the old Sorbones
Up TO the period o. tho Council OF Trcnt-that Is to
say, during 1863 yoars--rcligous marriage
nudity Even to-day II is not obligatory. far
validity is concerned, IN two-hrds of the Catholic
world. It was proposed in the Council OF Trent
which, with good reason, wished TO oDviate the IN
Vulnerable Inconvenience resulting from clandcstne
marriages, to have the marriage take place before
notary; then, on reflection, was considered that the
notary might easily lose his memoranda that In many
small towns there worc notarics; tho Council
appointed tho parochus not in his quality OF priest
but as official witness OF the marriage. This Is
truo ihut tho parochus, who may not have been or
daned priest may yet vadly assist at tho marriage.
The nuptial bencdicton, which Is optional entirely
distinct from marriage. II tho governments ac-
credited to tho Council of Trent had offered 10
have marriages registered in the municipalities
the Council very likely would have made law
corning this matter. THIS is simply discipline,
worldly law, whose effect tho Council of Trent made
subordinate TO tho prom ugation that might be made
OF IL IN every parish THIS is the the decree
OF the Council hold In England, in Scotland,
In tho north Of Germany ana OF Switzerland in
America all other countries where the decree is
not published. These few considerations seem to me
sufficient to place their proper light tho oratorical
theories concerning civil marriage and legal
aye. Leo XIII. with stroke OF his pen modify
canon law
THE LATE EScycLrcAL A DISAPPOINTMENT.
II would DC curious TO know tho secret sentiments
OF Italian Carbonar The Encyc,cal OF the 2ls OF
April DR.. Newman, IN letter which he wrote some
years ago Mr. Gladstone points out the hand OF tho
Carbonari in tho great storm raised concerning tho
famous Syllabus The Carbonnri hold fast by the
viction that any understanding between the Church
and socIctya as 1t Is to-day absolutely impossible.
From all that can learn different quarters this
seems to be the general opinonin regard to the En-
cyclical "The Encyclica does not up to the
genera exrcctatior." II was very well known that
Leo could not depart from tho example and
tradition or his predecessor II hat been fore
seen that, far LON submitting with reslgna-
ton to tho loss oi the temporal power,
he would renew his protest even TO the point or
claiming political power necessary Tor the liberty
OF tho CHURCH. II was thought however, notwith-
standing NIL this, that Leo, without precisely accept
ing accomplished facts, would IN some way show that
he takes account OF tho actual the changes
made In tho situation. and would eGdcayor to nnd in
some path other than that iroddcn by Plus TX. a
means OF hft,ng up the Papacy. Tho new Pope does
not curse aud no scarcely threatens any one. This
constitutes perhaps The sole difference between him
and his predecessor; but IA tie condemnation Of all
the lrunphs Of the modern mind hc shows himself
absolute. hard, stcadiasL, memorable and almost as
naughty as nus TX
nE roKNuLArEs AnsUapIrIEs.
You cinno, nrd IN tue wnois long competition
word OF thought admitting that the Church Will ever
become reconclei tho actual state OF civifzaion.
The Pope dreams aboat different civilization,
aud he hopes Tor n, but no admits II onIy as 1t
may omanato from the church. lilo does full
inmate anaihcmas but he foruulacs absuriiics.
1,s seems o. bc matter Of regret II Is also Of
Prise TO many IN high places. No person
pcciod tha, leo would accept tue doctrine OF pohca
b.rt,cs lay leachlug or civii marriage; but II was