The San Francisco call., 1896-02-25

III mas Deen formed Dy 600 n1m-
self, from whom itreceived its own authority,
and to this authority alone does it belong to
prescribe the means by which, in
cordance with the law given by Christ, its
end is 10 pc attained No civil power whatever
has right to interfere with the legislation
and government of the church; because on the
one hand the commission to teach was not
conferred by Christ on kings, princes or magis-
trates, but on the apostles and their successors.
On the other hand. the church being Catholic,
her power extends over the whole world while
the jurisdiction OF a State is confined to the
limits OF that State.-Jouin. PIP. 324 and 325.
The church, being q society Instituted by
GOD with the object OF leading mankind to sal
vation, must in all things belonging to her be
independent OF civil society, we stated
above. No law OF any State, framed in opposi-
ton with her teaching, can be binding on the
conscience OF man; because such law is op-
posed to the law OF God. and we must obey God
rather than man-Jouin, p. 1868.
When In doubtful cases collision of rights
might arise, it is evident that. to preserve the
union between the two powers, the state must
yield to the church, since she is the higher
power, and she alone is competent 20 deter
mine the limits OF her own jurisdiction.-Jouin,
p. 365.
The exercise of the deposing power argues
no undue interference of the Popes with tenn
poral rulers. By consulting history we find
this power was used only in the case OF Princes
abusing their authority and tramping under
foot all laws, human and divine, and by this
very act of deposition, acknowledged, more
over and acquiesced in by all Chris
tendon, the Popes showed themselves
the most strenuous supporters of the legiti-
mate rights of the people. This power
was never claimed either by Popes or any
other Catholics as an arbitrary power which
could be exercised at viii. No temporal ruler
could be interfered with so long as he did not
deviate from the laws of right and justice.
Nor did the Popes exercise this right directly.
1t was rather an arbitration, the pronouncing
or judicial sentence, which declared that,
since the temporal ruler had evidently proved
unfaithful to his coronation oath, the people
on their part were absolyed from their oath OF
allegiance. -Jouln, p. 1867.
To assert that persons are legitimately mar
ried by magistrate without the concurrence
OF the spirited power is an error, against which
the church protests with all the strength OF
the sovereign power over the very substance of
marriage which God has conferred upon her.
Marriage, 207.
"Pretensions of the secular power to reply to
the demands of the adversaries of the divine
law it desires that marriage should be the con-
Germ of the State before being the concern OF
religion and any church, it desires that the
laws and regulations of religious society
should bend before the laws and regula-
tons OF the State. Against this pretension of
the secular power 1t is established that The
legislation on marriage, as to its essence and
Its essential properties, belongs to God alone
ana his hurch."-Marriage, 227.
Plus * in an allocution September 27, 1852:
Inter Hdeles matrimonium dari non posse
quln uno edodemque tempore sit sacra-
mentum."
"Among the faithful there can be no mar
riage, unless there be at one and the same time
a sacrament."-Marriage 2O5
"In marriages contracted before the civil
authorities, where the decree OF the Council at
Trent has been promulgated, there is no con-
tract; modern governments regard them as
legitimate unions, to which they grant all
civil effect, but they are in reality shameful
and sad concu binage "-Marriage 207.
Marriage is sacred engagement, over
which the civil law has no hold and which it
cannot invalidate." ."-Marriage, 102
"The essence, the intrinsic properties, the tie
OF marriage transformed and elevated by
Christians, are sacred things, which can only
spring from sacred authority. This authority
you have named it, it is the church.'-Mar-
riage, 103.
"The church." says Plus TX, sis a real and
perfect society, entirely free, enjoying the dis
tinctivc perpetual rights which were con-
ferred upon it by its Divine Founder. REV
Father +. y. schouppe, of the Society of Jesus,
page so.
''The power of tie church differs from the
civil power, which, being purely human and
resting on natural rights, is founded on the
natural order tabllshed by the Creator. The
power OF the church is supernatural in its
origin, and divine by positive right, as it was
divinely established by the Redeemer. Since
the power of the church is divine, 1t follows:
~ That it is of an order whicn is superior TO
all human power; (2) that it is distinct from
though not opposed to, civil authority, of
which 1t Is entirely independent. Such is the
harmony which, according to the views of God,
should reign between the two powers; and
1t is grevious and condemned error to say
the the church should be subject to the secu-
lar or that the church should be separated
from the state and the state from the church.
.The mutual relations of the two powers is no
obstacle to their reciprocal independence.
Each IN its own sphere is sovereign and inde-
pendent excepting, however, the subordina-
ton which results from the nature of things
and the end proper to each OF the two powers.
AS the body is subject to the soul and the
temporal TO the spiritual welfare of
man SO the civil power is subject
that those who are invested with the civil
power are bound to exercise it according to
the principles and in the interest OF the true
religion of Jesus Christ. Governments are
bound to protect the church and her worship.
her goods and her ministers and every law or
act OF civil administration which is opposed to
the dicipline or the nights of the church is an
abuse OF power and an injustice before God."-
Father +. y. Schouppe on "Relgious Instruc-
tion," p ga and 65.
"The power of kings" said Plus TX, repeat
ing the words of Pope St. Innocent and ST.
Felix, "was Instituted not only for the govern
ment of the world but for the assistance of the
church. and nothing is more glorious or more
advantageous to a prince than to leave the
Catholic church in possession of her own
rights, and to allow none to interfere with her
liberty. BY virtue OF her power OF the minis
try, the church administers all the sacraments,
not excepting marriage, OF which she is sole
Judge, with full power to create invalideting
1mpediments or to dispense with them. By the
same faculty she grants Indulgence, institutes
feasts, regulates the ceremonies of the holy
sacrifice and all that constitutes public wor-
ship:"-Religious Instruction, page Sc.
"What must be thought of civil tolerance
from the point OF view OF right? In principle
absolute civil tolerance is bad and MUST, and
contrary to both natural and divine right.
Though the state possesses no authority in
religious matters, it is none the less obliged to
further interests of religion, as being power
charged to protect order and morality.
"When q country is in possession of the truth
that is to say, when it is Catholic-the laws
also must be Catholic and tend to the defense
of truth "
His Holiness, Plus TX, in his address July 80,
1871, said: Among all other errors that is
malicious above all which would at
tribute Ito the infallibility of the Pope)
the right of deposing sovereigns. and of
absolving people from the obligation ef allegi-
ance. This right, without doubt, has been
exercised by the Supreme Pontiffs from time to
time in extreme cases, but it has nothing to do
with the pontifical infallibility; neither does
it flow from the 1nfallibility, but from the
authority of the Pontiff. ."-Jouin, page 1863.
Marriage has always been considered as
something sacred; 1t is only modern infidelity
which looks upon it as mere civil contract.
The Catholic church teaches that it is sacra-
ment hence the laws of marriage cannot be
interfered with by the state. Since it is of
great importance to the state that the citizens
be well educated according to their different
conditions of life, it has right to promote
education but 1t cannot arrogate the right of
education. because it does not possess the gift
of Neutrality-suspicious. page 373.
"1t follows, therefore. that the State has no
right 20 impose taxes in support OF common
schools, from which all religious training is
banished. We're citizens to show negligence