New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-06-14
ITALY AND THE PROPAGANDA
APLAIN STATEMENT OF THE CASE.

SIR: few weeks ago, when the acblon vi Sno
Italian Government in reference to the Propaganda
became subject of passionate agitation in sermons
circulars public meetings and journals, the writer do
string to form just idea Of the question, sent 10 ly
for all the official documents relating to it, These he OBJ
tanned and after careful examination Of them he Is
now able to give YOU true snd unprejudced state
ent of the ease which a. You will will see pats upon
the whole matter an entirely different effect from that
hitherto presented.
l. The conversion of the real estate OF the Propa-
ganda was not in any real fair of the word An
act Of the Government Of Italy That conversion was
the legitimate and proper result of judicial proceeding
legally instituted by the Congregation Of the Propaganda
itself az will appear the citation of August o. 1874
directed against tho Giunta" or commission Nlch
was charged with the duty Of quidating eeclesastca
property After years Of Interruption the proceedings
thus instituted were again taken mp By the CongregS
ton itself, appears from another summons o"'eu
June 10 1880 This judicial proceeding thus Initiated
bv the Propaganda has been carried to its con
cuson and eliminated in final and solemn decision
of the Supreme Court OF Cassatoh' whose ueoisiOH "
of course irrevOcabe.
This sentence of the Court of Cessation of Rome -
based uon and carries into effect laws that have been
on the statute-book and in vigor in the Kingdom OF
italy many years past In fact they go back 70 the
wears 1866 and 1867 July 1866, and August, Icoa ,
Thav wei extended 10 the PROVINCE OF hOhloi WIN
yarous notifications mitigating their requirements oy
the law of June 10, 1873 1t should DC observed anu
horne in mind that the laws now alluded TO are entirely
different from those known the Law OF Guarantees OF
Nav 49, 1871 which have been improperly referred 10
in connection with this matter IL Is true that the Law
of Guarantees does mention in its fourth article bce
siasteal ConCregations,n but it does not embrace IN
that EXPRESSION the Congregation Of the Propaganda
which holds its own property and not one OF those
which are TO be provided for directly by tine HOLY see
out of the annual donation OF 8, ZZO,OOO IRE; So,
Ia
tbe proceedings complained of with reference 10 the
Propaganda to justify the charge OF eonns catlon ~
any sense No hostility has ever been shown or IN :
tended by the Government toward the institution OF
fine PrODaranda. On the contrary, the humane anu
cvilizng objects of that institution nave oeen ll,y
recornized and furthered by the Italian Government
il has uniformly encouraged and protected the mission
aries whom the Congregation SENDS 10 anu supports III
fbe remotast countries. The object Of the law mas
been 10 convert into personal property the Teal estate
of the Congregation excepting the Urban Faace Oh the
Propaganda where the Congregation has Its seat Ia
Romai This conversion was to be made either IN
Italian cOusols, IN bonds of the institute OF the
Credito Fondiario at the choice of the Congregation
itself The latter might also by its own Vouuoh pro
eeed IN its own way, to ALLEVIATE its property.
II il TO be particularly observed, and stress should
be laid upon this point because II II greatly msuhu
stood that the Italian Treasury does not derive The
sIobtest pecuuiary benefit from the conversion Ihe
nrocerd of the sale of the property thus aIenate'
and invested as above stated, belong exclusively anu
wholly to and placed exclusively ana Wh0Iy AZ tne
disposition Of the Congregation without any
whatever No part of the fund Is diverted 20 the e1-
nenses of religious worship or 70 any other OBJECT s
pecalv il II contrary - the fact that dedctoho I Do
r cent il made for the extraordinary tax on property
held in mortmain II is true that TINS tax Oh 81 per
cont il levied dpon the conversion OF the property oi
ecclesiastical bodies Of every other province OF the
KINGDOM but BIS virtue Of the aforementioned law Oh
! 1873 special exception IS made IN behalf oil those
| bodies existing IN Rome and us suburbs.
3 So far a. any pecmary damage IA concerned none
/ whatever is suffered by the Propagandd oy reason OF
the .acts complained OF. Gu the contrary, rs income
/ /, actually and largely increased The five malol
/ T.
1t Paul santa Maria Magglore, 81 john the IAtterdn
md san Lorenzo availed themselves OF the law with
out the slightest opposition or protest. anu derived co
| siderable benefit thcretrom.
| q Another material fact which seems to have been
utterly ignored lost sight OF IL that even AFTER the
decision OF the Court Of Cessation the legal conduoh o
the CONGREGATION Of the Propaganda has remained rs
II stU remains untouched. unimpaired and unprelu-
diced II NAV still freely administer its converted es
tates and even increase the by accepting ana a
propriating TO its the donations OF the faith
fu subject of course, with reference to real estate t.
the applcaon of the rule of conversion There can
he no question Of the right involved IN universally
rpco0nized principle of the territorial sovereignty oil
the Italian Government to legslate with reference %
property situated In Italy itsef without reference
actual and legal domcile of the congregation Even the
PROPAGANDA should conclude TO transfer that d0mciIe
to another country II could not Dy sucn Chdn2 UepI
the courts of Italv or the Italian Legislature. oil
their proper jurisdiction as to such properly were
| the Propaganda 70 determine upon a ehange %
dornce II would find in most countries Of the eiyzed
world restrictions akin to the ones now complained Oh
Everybody knows that it has been and is the declared
and firm policy of such countries to prevent the IN
limited ACQUISITION of real estate by religious ecces
astca corporations. This policy prevails not only IN
| France Germany Austria and other countries OF
EurOpe but also in the United States where the power
of corpOratiOns hold real and personal estate
l. limited and regulated by the laws OF the state ana
it Is not little surprising 10 see some OF our
and even Judges of courts coming forward 20 con
denim in the italian Government the legislation winch
| substantially prevails In their own country
T. The conversion Of the real property Of the Propa
randa interrupted 1t in 1880 in consequence OF
the judicial proceeding initiated by the Congregation
tsef is not only an operation rendered obligatory by
virtue Of the laws of 1866 ana - - ng5 nad peen
regularly executed and carried ont In 1850 to very
con siderable extent Indeed more than oneEalf OF the
real estate of the Propaganda had bean disposed oil
! 5 600 OOO and this with the voluntary abandonment
nv the Propaganda Of the first attempt at opposition
made in 1874 and with its continuous aequiescenco
Ii NAV also be noted that the said congregation re-
ceved a very considerable pccunisry advantage from
So far a. the rghto dispose Of its property real
tate excepted concerned that right reman absolutely
untouched by the decision OF the court OF ssatloh.
The formaltics with reference TO the sale OF any Oh It's
personal remain precisely the same as hey nave
been heretofore and Of the simplest character In
deed the Propaganda itself has various occasions
appled under the law for authority to make such DIS
nosition of personal property and this has been
atsd mn N the end of February last almost quite
a. matter of course several of the secretaries Oh the
pronapanda have made applications 10 sell Government
! bonds amounting in The aggregate to some o5O'OVu
i've The last application Of this kind, which like the
rest was granted without difficulty was made In sep
tember. iss3 by MonsignOr Jacobini now Secretary
af the CONGREGATION The result was the alienation OF
securities to the amount Of 100000 lire These tor
ualitie. we repeat neither new nor troublesome.
and have never OccasOned the slightest difficulty either
to tho Congregation 10 any other body or corpora
! ton. 81, E $500. ,,,,
In brief memorandum Of this kind It Il OF course OUT
IS ,bs one.tion 20 produce the vouninOus documents
and record. which support the assertions here made
but no person at all familiar with the subject can Tor
moment DENY that every OF the above statements
tctIv and absolutely true ID Is much o. be regretted
that the facts should have been generally mlsunder-
food and that laws framed and executed without any
hostility whatever TO the Propaganda should have Deen
TINS sconstrIed and isnterpreted. No legislation Of
the Kingdom Of Italy he found which has been IN
tended or which il calculated 10 interfere with the
lar active and successful prosecution OF the enshtt
1 ened objects Of that body. But Italy, IKE an
civilized countries claims and exercises the right 70
10 IN. lnIllm LrAna-