The San Francisco call., 1896-03-06
FATHER YORKE
TO REV, Mr., ROSS,
Considers Quotations From
a Textbook on Canon
Law.
PoPEs TEMPORAL POWER
Further Charges of Mutilating
Authorities Are Openly
Made.
REFERENCE TO THE CHALLENGE
Relation of Church and State EX.
plained-A Papa1 Power That
Is Dead.
REFERENCE TO THE CHALLENGE

Rev. Peter C. Yorke in his reply to Rev.
Donald NJ Ross, presents the following
letter: p..s-
To the Editor of the CaIl-DEAR SIR: Yesterday
I considered D. Ross mutilation of Manning;
to-day l will examine his quotations from
Smiths Textbook of Canon Law. have al
ready shown that this textbook is nothing but
a textbook, and that when Ross claims any
more authority for it than that OF a textbook
he is acting with his accustomed dishonesty.
! have also examined two quotations from it.
one concerning the authority TO be aseribed to
modes OF civil procedure when used i'll church
courts and the other concerning that hack
neyed subject, the Bull IMAM Sanctam. 1t is
not necessary, therefore, to examine these
again. | also reserve all the extracts concern
ing marriage for separate letter.
THE DEPosING POWER.
Several times in this controversy have ex-
planned the nature of the deposing power
During the middle ages the Popes deposed GER
tain soyereigns The right was one given
them by the Christian constitution of Europe.
After the middle ages that practice passed
away, because the constitution OF Europe was
fundamentally changed.
Now Ross brings US this question of the de-
posing power again as if it had never been
heard OF before. He brings it up to prove his
contention that the Pope and the priests ought
10 have dominion over temporal affairs. This
is his argument:
quote now from the work, volume l. of
Ecclesiastical Law, page 252. The head of the
page, in large letters across the top reads "On the
rights of the Supreme Pontiffs in temporal affairs" "
Then under it there four different points. You
see? Peter O. Yorke can quote l, and can quote
=, and he can quote g. and can quote 4, and then
we can chew the air for the OF the and not
get each other. Well, after writing great
deal about it this conclusion is arrived at: The
first is untenahle, the second is heretical, the
third advanced by Bellarmine and others
only spiritual, but no direct or immediate tenn
poral power; that, however, by virtue of his
spiritual authority he Is possessed of power, indi-
rect indeed, but nevertheless supreme in temporal
concern OF Christian rulers and people: that he
may therefore depose Christian sovereigns should
the spiritual welfare OF a nation so demand. Thus,
rs matter OF fact, Pope Innocent ", in pro-
nouncing sentence OF deposition against Frederick
II, explicitly says that he deposes the
Emperor 'auctortate apostolica ct vi CLAW
ium." The fourth opinion holds that the SOW
ereign Pontin has full spiritual authority over
princes less than over the faith instruct
them in their respective duties, to correct and
infct spiritual punishment upon both rulers and
peoples but that '.ure divino' he has no power,
asserted by Bellarmine whether direct or indirect,
In the temporal affairs of Catholic soveregns and
peoples. < The third and fourth seem 10
differ chiefly to the deposng power OF the Pooes,
but agree in granting that the Roman Pontif
has an indirect power ia temporal things: both
may be lawfully held.
That question is from volume l of Ecclesiastical
Law, page 252.
Concerning this quotation let me remark in
passing that it is so badly mutilated that even
with the original before me had difficulty in
recognizing it. The opening words are taken
251. He works slowly over to the top OF page
252 again. Thence he dives into the middle OF
the paragraph and comes to full stop.
CATHOLIC DOCTRINE.
However, this is immateriel. The point to
be noticed is that D. Ross evidently does not
unders stand the terms OF my chal-
leuge. When called on him to produce from
Catholic publications these four propositions,
las expressions OF Catholic doctrine or teach
ing" Now the term Catholic doctrine or
teaching has very definite signifcation
1t means those things which Catholics are
bound to believe. 1t refers to the dogmas of
the faith, the truths of revelation. Therefore
when D. Ross laments that there are two or
three opinions among Catholics on a certain
point he virtually eonfesses that neither of
these opinions is Catholic doctrine. The fact
that they are disputed shows that the Catholic
church does not teach one or the other. Hence
opinions about the deposing power of the Pope
are as much Catholic doctrine as opinions
about the habitabilty of the moon or the
canals of Mars.
IND IRECT TEMPORAL POWER.
This indirect temporal power which gives D.
Ross and his fellow-patriots such concern is a
very simple matter and l cannot remember
now how MANY times have explained it. Per-
nit me to make a last effort to show what it
i. There are two powers which divide between
them the government OF the human race
church and state.
2. The state has its own sphere namely, the
temporal or civil, and within that sphere it
is supreme.
g. The church mas its own sphere, namely the
4. The power of the state is a temporal power
because It comes Immediately from temporal
source and is concerned with temporal things.
). The power of the church is spiritual
power because it comes Immediately from a
spiritual source and Is concerned about
spiritual things.
g. The power of the state does not touch
things spiritual because as in this country
the state has no right to interfere with re-
Igon.
T. The spiritual power of the church is exer-
cised upon men and upon such temporal
things as church buildings, societies and the
like.
g. In speaking OF government we often de-
nominate its power from the object on which
it is exercised. We speak of the military
power OF the United States, not that we mean
that our Government is founded on bayouets,
but that the power is exercised over military
bodies. We speak of the colonial power of the
British Government, not meaning that the
colonies give power to the British Govern
ment, but that the power is exercised over the
colonies,
9. Hence, as the spiritual power of the
church is exercised over men and certain tenn
poral things, we speak of that spiritual power
as an indirect temporal power. We do not
mean thereby that the Pope or the church
possesses civil or temporal dominion or sover-
eighty, but that the spiritual power OF the
church is exercised over temporal things.
Hence you will remark that Bellarmine is
careful 10 say that the Popes power is only
spiritual. and that no matter how he may use
it or on what he may use 1t, that power still
remains spiritual.
There is nothing in this theory, or in any
other theory held among Catholics, to show
that the Pope and the priests ought to have
dominion or sovereign authority over tenn
poral things. When the Methodist church
collects large sums of money for missionary
purposes are we to suppose that it is claiming
sovereignty over the United States? When
the Presbyterian kirk uses its authority to
promote the cessation of work of Sunday are
we to believe that Presbyterians are running
the country?
The indirect temporal power of the Pope
means merely that he may use his spiritual
authority on temporal concerns. For instance,
if he thinks that the liquor traffic is a menace
to good morals he might forbid the liquor
traffic. But his prohibition would only be by
spiritual authority, and would be eficacious
only for those who recognize that spiritual au-
thority. We would speak of that spiritual
authority, however, as the indirect temporal
power because it is concerned with temporal
things, namely, the liquor traffic.
What menace is there to our freedom in this
power? Nearly all the Protestant churches
have exercised this indirect temporal power
in this particular case. Are we therefore to
suppose that they are seeking dominion over
temporal things
TO DEPosE CLEVELAND.
But it may be urged suppose the Pope should
declare it menace to good morals 9 rover
Cleveland should retain the Presiden hair.