The San Francisco call., 1896-02-27
OF the world in the spe aking of what know to
be the truth.

first proposition which Father iorhe GENES
and which he asserts cannot hnu IN Cathollc
publications to be the teaching and dogma OF
the Roman Catholic church.
Let ii be definitely understood Tonight
again. as it was last night, that am not as
sert1ng or attempting to prove that the Roman
Catholic church is wrong in claiming to have
the right TO exercise its authority without any
limit set to it by civil powers.
In that textbook on marriage which bears
upon its face the nihil obstat of the censor
deputatus of the propaganda in Rome we hnd
s'This is why st. Thomas calls it (marriage) q
spiritual contract and from this it follows
that the secular power, which can annul other
perfectly valid contracts, ana supplement
under certain conditions the consent OF the
contractors, can do nothing and shall never
be able to do any such thing when IL is ques-
ton of marriage" Marriage 81.
Here the Roman Catholic church asserts and
claims that III the realm of marriage, which is
world wide and falls within the boundaries OF
every Government, the civil powers can do
nothing and shall never be able to do anything
effecting legislation on marriage. If that IS
not an assertion that the church has the right
to exercise its authority without any limit set
to it by any government on earth, do not
understand language.
In Elements of Ecclesiastical Law we find
under the title of "Rights of the parish priests
in regard to sacraments of matrimony" the
following: whenever the Tridantine Decree
Tametsi is published marriage, in order 10 be
valid must be con tracted in the presence of
the priest who is in the parish in which one or
both of the parties live
"The Holy Council of Trent, session "a, en-
ioined that marriages on pain of their in
validity are to be celebrated in the presence
OF the parish priest and two or three wit
nesses."
the Roman Catholic church claiming absolute
right over the question of matrimony.
Father Schouppe says in work which he
published on religious instruction and which
is also authoritative:
'"rhe church," says Plus TX, sis real and
perfect society, entirely free, enjoying the dis.
tinctive perpetual rights which were conferred
upon it by its divine founder"
When an organization claims TO be perfect
within itself and to be entirely free from every
other jurisdiction, it lays claim to the right to
exercise its authority without any limit set 10
it from without.
In Bronsons review we read:
"At bottom, then, the question is simply q
question OF the rights and prerogatiyes OF the
spiritual order in the face OF the temporal.
That order we have found to be by its own
nature independent and supreme. Every
Christian, every morallst, every man does and
must concede it, however by SO doing he may
reflect on mis- own practice. II, then, that order
be presented on earth in its plenitude by the
Pope, he must necessarily be independent and
supreme in face OF the representatives of the
temporal order that is. in face of the secular
authority, the prince or the state"
Here the writer says that the church is inde-
pendent and supreme, and goes on with q
claim 10 assert that every Christian and every
moralist and every man does and must con-
ceCe II.
Cardinal Manning says:
"The Catholic Church is the highest and
final judge OF what is the faith and what is the
law of God, and when science and politics
come into conflict with the faith and the law
ii admits of no appeal from its own decision to
any tribunal out of itself, 10 any judge of ap-
peal in the past or in the future"
What is the meaning OF the language? It
| admits OF no appeal from its own jurisdiction
10 any tribunal.
Amat, late Bishop of Monterey, goou au-
thority on the Pacific Coast, man having q
local nabitation and name among us, says:
"The church OF her own authority-tnat is to
say, independently OF any civil power or magis-
trate, but only by virtue of the power she re-
ceiyed from her divine founder-can enact
laws concerning Christian marriages, regulat-
ing their contract and affecting their lawful
ness and validity, which no other laws can do,
by whatever magistrate or authority they may
be enacted, unless approved and sane toned
by the same
Here the assertion is made that the church
Independently OF any civil power can enact
laws. Is not that exercising the right of
authority without any limit set to it?
"ln any question as to the competence of the
two powers either there must be some Judge to
decide what does and what does not fail with
IN their respective sphere or they are delivered
over to perpetual doubt and to perpetual con-
f1ict. But il the church be certain
with divine certainty as to the limits of its
jurisdiction its voice in such matters is final.
But an authority that can alone define the
limits of its own Office is absolute because il
depends on none, and infalllble because it
knows with divine certainty the faith which
II n as received In cnarge.
What is the meaning of the wordsf It's voice
in such matters is final. If il does not convey
TO the mind OF every man the idea that that
organization claims to be independent of any
and every tribunal on earth then 1t means
nothing.
Father schouppe says in his work on religious
instruction:
'Since the power of the church is divine it
follows:
THAT it is of an order which is superior to
all human power.
TO, civil authority. OF which it is entirely in
dependent"
Here the teaching of the church is that it is
entirely independent of civil authority. Any
organization, let 1t be church or let it be nation
which claims to be entirely independent of IL
other authority, must claim the right to exer-
else its own authority without any Limitation
whatever.
In elements of Ecclesiast tical Law" we
| read:
Civil laws derive all their force, so far as
! they are applicable to ecclesiastical matters,
| solely from the authority of the church"
aa The enurch is secondly perfect and in
of any other society. = :. The church, there
fore, is not subject to civil authority, but en-
| tlrely independent of it,
| Here we learn that the canon law of tho
church holds that the church is iudependen
| OF the state. Americans ought to know the
line OF independence, and an American knows
| by the word 1nde pendence is meant none
| other than that the organization claiming il
exercises its authority without any limit
| mo other power (but the Pope), whether
civil or eccles iastcal, can dispense with or re.
| peal IN part the universal law of the church
Not the civil power as is evident
| Here again the teaching and practice of the
| church are that no power whatsoever car
| touch or invalidate or affect the law of the
| church.
In the postulation drawn up by Archbishop
| Spaulding during the Vatican Council of $40
we find these definitions:
"That no appeal from the Sovereign Pontif
| is lawful
"That every Christian is bound to give these
| decisions interior assent and not merely re
| spectful silence
THAT these decisions of the Pope are no
less sovereign in the declaration OF dogmatic
facts than in determination of purely doctrina
| questions"
When a society or law-making body claim
that no appeal can be had from 1t, does it no
claim the right to exercise its authority with
out any limit set to it by the civil powers?
In the elements of Ecclesiastical Law.
which by the way is the textbook on canoI
law used in Arch bishop Riordan's courth Gus,
| when trials of priests, nuns or laymen ar,
there held, we read:
"Civil society has no jurisdiction in matters
| which relate primarily and directly TO the pri
yate utility OF the faithful taken individ ually
Here the assertion is made that in natter
| involving even persons within the circle an(
circumference of the church the civil Law
| cannot enter, and If the civil law cannot ente,
there the church claims the right of unlimited