The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-04-15
THE LAW OF NATURE
CARDINAL MANNING ON THE RIGHTS
OF THE POOR.
The Reasons for His Recent Remark
able Utterance as to the Starving
Mans Right to Bread-The Poor Law
of England.

The April number OF the American Gath
Ole Quarterly Rcriew (Philadelphia) will
contain an important paper from the pen
of His Eminence Cardinal Manning, en-.
titled 'rhe Law OF Nature Divine and
Supreme" The article was written for
the purpose of making more clear the doc
trine OF the Catholic church regarding the
rights OF the poor, as stated by His Emf
nence last January, which attracted wide
attention at the time, and which has been
more or less misunderstood in this country.
The following are extracts from the
cardinals article;
The Atlantic cable has so fully explained
the circumstances under which l appealed
TO the law of nature that hardly like TO
weary the reader with arepetition. Never
theless, may so far return upon the past
as 10 say that my words were spoken in
conference, not mere public meeting,
and written for use in one of our most lit
erary, may say esotericc' reviews
II can hardly be necessary to justify
what have said among Catholics, l might
even say among Christians; but both Cath
olics and Christians are often not fully
aware Of the broad and solid ground on
which they habitually rest. | will, there
fore, draw out in full what the other day
gave only in reference. l do this not out
OF pedantry but out Of prudence, for some
good men may, for want of knowledge, be
msled.
The doctrine OF the Catholic church may
be briefly stated in the words OF st. Thomas
Aquinas who sums up what has been al
ways and everywhere taught before him;
and his Spmmd ThoOiogicd, with the Holy
Scripture, has been laid open in ecumen-
ical councils as the highest authority in
the tradition OF Catholic doctrine.
j. by the law OF nature all men have
common right TO the use of things which
were created for them and their sustenance.
H. But this common right does not ex-
clude the possession Of anything which be-
comes proper TO each. The common right
is by natural law, and the positive law OF
property is expedient for three reasons
|. What is our own is more carefully
used than what is common.
9. Human affairs are better ordered by
recognized private rights
3. Human society is more peaceful when
each has his own, protected by the law OF
Justice: suum cuique.
Ill Theft, therefore, is always n sin,
for two reasons:
|. IL is contrary TO justice.
2. II is committed either by stealth or
by violence.
~. But the human and positive law can.
not dcrOgte from the natural and divine
law. According TO the divine law all
things are ordained 10 sustain the life Of
man, and therefore the division and ap.
preparation Of things cannot hinder the
sustenauce OF man in case OF necessity.
Therefore the possessions OF those who
have food superabundantly are due by the
natural law for the sustenance OF the poor.
st. Ambrose, quoted in the "Decrctals,"
says at il the bread OF the furnishing
that YOU keep back and the clothing Of the
naked that you lay by; the money that you
bury In the earth is the release and liberia
ton OF those who are in misery"
For the sake Of those who may
not have ready access to the works Of 81.
Alphonsus, the following passages may be
given.
The text Of Busenbaum is M follows
"Qui pro SC vel alio In exirema necessiiate
constitute alienum accipit quantnm ne
cessarium est, nee furatur nee tenetur res
tituere postea sicassumptum, Al quidem NJ
etspe indigcns iuit."
Ii Is TO be remembered that 81. Alphon.
sus consulted Tor his theology some 500
auihois, and his decisions, therefore, resi-
upon the widest foundation, and may be
safely followed.
81. Alphonsus says that this doctrine Is
ceroin, and is founded upon the doctrine
Of st. Thomas, that in such a case call
things are common" for the law OF ma.
tons, by which the division OF goods was
introduced, can not derogate from the
natural law. Though In extreme neccs.
al Iua n rtUlt ltTfa IuIafn IN
the goods Of others, he has not right "a
the extraordinary goods OF others, hut only
b. those which ordinarily suffice for the
sustcnnncc OF liie." lie says that "as the
poor man has right Gus habit TO take
what he needs, no one ought To hinder
his taking it, "Forasmuch M in extreme
necessity all things are common, u rich
man Is bound In justice 10 give help TO the
poor, because the poor man may Justly
take IL, even without the will OF the owner
(cyH az jusie yossii cam aTripcrc didH inrtt
domino, Il man, fao,nc). Throughout the
whole treatise -. Alphonstis repeats over
and over again the word juu or right pos.
scssed by the poor mani
This doctrine lies at the foundation OF
the positive law Of property In all Chris
tendon. II exists N an unwritten law IN
all Catholic countries; in France Il is the
drOit au Travail III England " N cioilcu w
n legal statue in ourpoor law, under which
. every one has "a right either TO work OF
Go bread without work" In the old
Scotch law IL was recognized under Oh,
lille OF Burdcnsech: A starving man had
n right 10 carry away ~ much meal ~ h,
could on his back All these authorities
give, not by way Of example or exhorta
ton 10 larceny. but in proof Of the natura
right from which they flow.
II must always he born in mind tina
my purposc was TO justify and elevate th
poor Law Of England by showing that
was founded upon the natural right o
man 10 life and 10 the sustenance OF life
In proving this was compelled TO sho,
that this natural law Is supreme over al
positive law. TIE two questions, thoug
distinct. are .indiyisiblc, as We have see
In the texts already cited from -. Thoma
and 81. Alphousus. The opponents OF III
poor law, 10 cvadc the main question
promptly seized on the latter 10 escape th
former. My words were M follows I'll
Obligation 10 feed the hungry springs iroi
the natural right Of every man 10 liio, an
90 the food necessary for the susienancc ,
life. 40 strict IL this natural right that
prevails over all positive lawsof proprioty
Necessity has no law, and starving ma
tas a uafar.l ftoht IN his neiOhlsoF' A brCaf