The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1903-09-12
and telegraph offices under officials of

ton, and like kilograms they will be
carried free within the limits of the
kingdom. The pope and his function
aries may use the government tele-
graph wherever and whenever they
please free of charge and such tele-
grams shall be treated like kilograms
ON the service of the government.
They will be sent ahead of private
messages.
8. The pope is privileged to receive
ambassadors from foreign powers and
to keep ambassadors at foreign courts,
these gentlemen to have the rights and
privileges accorded to foreign repres-
entatives at the royal Italian court.
Papal ambassadors are immune to az
rest; they may demand military es-
corts and an assault upon them by
AS to the pope's passive right Of re-
ceiving ambassadors the state valves
interference. The pope may receive
as representative of foreign govern
ments any person lie sees fit. Papal
nuncios shall enjoy the prerogatives
of the ambassadors of the great
powers in passing through or returning
to the kingdom.
8. Ii the pope calls concave or
council the participants shall be held
inviolable, and in case the holy see
is vacant the royal troops are bound to
uphold the independence of the church
authorities and to save them annoy
ance from political and judicial Off
Gals. No authority whatever shall
have the right of interference with the
cardinals assembled to elect Il new
pope.
AS seen from the above, the law of
guarantees refers only to the popes
personal position. The laws of ma
tons dealing with the pope as politi-
cal power is in no way affected by the
guarantee laws. According to the
laws Of nations, the pope continues to
enter into treaties with foreign states
and governments. The right of treaty
is decidedly and pre-eminently a SOW
ereign right, yet the pope exercises it
freely, though he rules not an inch of
territory since September 1870.
That the vatican, the paternal and
the papal Villa Gandolfi are territories
not subject to the state and govern
ment is but polite fiction; as Il mat
ter of fact, they form part and parcel
of Italian territory as much as the
quirnal or the Villa Borghcse, for in
stance. True, Victor Emmanuel's
troops refraincd from occupying these
places in September, 1870, but accord
ing to the laws of nations, annexation
does not presuppose occupation of
every single foot of ground. 1t is
complete when the anneXing state
makes itself master of district as Il
whole. This is exactly what the gov
ernmcnt Of Italy did with regard to the
city of Rome and the Roman provinces,
and it follows that, according to the
laws of nations, the vatican latern and
Villa GOndof cannot be regarded
other than part Of the Italian king
dom. They remain under the pope's
jurisdiction only as long as the holy
see chooses to occupy them.
Nevertheless, the pope is supreme
under the laws of nations. A sover-
eign without worldly territory, a de-
posed prince occupying his oldtime
residence in the midst of his former
states, he still enjoys the prcrogatives
precedence over it's hereditary ruler:
of mighty monarch, Italy, like other
states, according him first rank and
This is without parallel in modern or
ancient history, but, then, the papacy
is too vast proposition to tit in with
ordinary conditions, anyhow. AS to
Italy, the question arises, May it re-
call or change the guaranty laws?
1t may, as far as they form part of
it's own constitution, and may not as
far as they have become Il law of ma
TONS There was no treaty, it is
true, but all governments having rcla-
lions with the holy see silently recog-
nized the guarantee laws and acted
upon them, which is as good as any
treaty ever written. That the pope
himself has steadfastly refused to ac-
cept the guarantee laws is unimpor-
tant, as he acted under them, never
relinquishing one iota of his sovereign
rights, which he claims inviolable Oh
account of his divine mission and apos-
tolic office.
The international supremacy of the
pope rests not so much upon the guar
antee laws as upon the laws of ma
tions, recognized by the powers. AT
the same time it must not be lost
sight of that the enforcement Of these
laws presupposes the pope's residence
in Rome, or at least in Italy. If the
pope went to reside outside of Italy
new laws defining his rights and
privileges would have to be framed by
the concurrence and with the consent
of all nations. Still, the papacy is toe
much welded to Rome to make it's re-
moval probable or even possible. The
stories that the papal residence may
be moved to Liechtenstein, Spain OF
other countries or even the United
States never had any foundation il
fact. The pope will remain in Rome