New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-11-15
STATE CODRrs AND THE VATICAN


The breach between the Italian Government
and the Vatican has been wldened by an I'M
nortant decision of the Court oil Appeals An
architect having business disagreement WIN
the maior-domo OF the Pope, sued him In one or
the lower courts and won his case. An ap-
neal was taken to an ecclesiastical tribunal on
the ground that under the Papal Guarantees
the Jurisdiction of the State tribunals ala not
extend within the walls of the Vatican. This
martial assumption of temporal power by the
Pane has been speedily resented. The decision
of tho lover court has been affirmed by the
highest civil tribunal. The principle has VIZ
tually been established that the Vatican Is
within the jurisdiction OF the Italian courts.
The Law of May -, 1871, defining the posi-
ton of the Pope and his relations to the State,
declared that he WAS to remain In possession OF
the Vatican and its dependencies known as the
Leonine City and the Lateran and Castel
Gandolfo. and that his rights within these pre-
cincts would be inviolabe. The decision OF
the anoellate court will be accepted by the
Vatican. not without reason, as a new and ir-
rrIutable proof Of the hollOwness of the Papal
Guarantees. If the major-domo can be sued, Is
not the Pontif himself subject tn legal penal
ties If court officials have rights within the
Vatican, how can the police be kept outf
Italian Clericalists have no reason to be sur
rrised by this decision, nor any prospect OF
securing legislation by which the principles OF
the Guarantees may be reatirmed with IN
creased defniteness. With every new election
Radcalism takes a darker tinge. Depretls, the
most influential leader in public lie, declared
ON the eve of the recent elections that no
concessions could be made beyond the Law OF
PaDal Guarantees, which was all that 1t was
possible to grant in order to protect the spirit
nal mower of the Pope. Even this Law, recog-
nized by the Liberal Premier as the Ii NIT OF con-
ciliatory pOlcy-the verge of concession beyond
which Parliament must never pass-is 10 be
gradually undermined by the subteties of the
State tribunals. The tendencies thus disclosed
can have only one effect within the Vatican
The temporal claims of the Apostolic See will
be rcaflirmed with more resOlute determlna-
ton. Leo XIII had the reputation OF being
Liberal when he was elected to the Papacy.
In nractice he has adhered rigdly to the
claims of his predecessor even In their most
extravaganza form. In his negotiations with
Prince Bismarck the Belgian Ministry and the
French Government he has shaped the course
of the Vatican in accordance with the prece-
dents established by Plus TX, and in this way
has maintained absolute continuity of ecclos-
iastical policy. He has invariably referred to
! the overthrow of the temporal power of the
Papacy as crime by which he had been de-
spoiled of liberty and independence. ave
shall never acquesce in the present state OF
tbings,o is one of his recent declarations
@por shall we cease, as We have never yet
| ceased, from calling for the restitution of all
that has been taken 10y fraud and deceit from
the Apostolic See" He will be more persist
ent in his resistance, more emphatic in his
denunciatlons, now that the Imprisonment OF
the Pontiif in the Vatican is becoming less of a
fiction, and more Of reality, under the rul-
| ings of the Italian courts.