The Irish standard., 1911-11-11

A short time ago, the Court OF CAS-
sation of France denied the quality Of
Sovereign to the Pope. The sentence
was severely criticized by many per-
sens, several of whom could not be
suspected Of clericalism, and was re-
futed in the Revue des Deux Mondes
and in the Revue Organization ct de-
fence religieuse.
Just now there has appeared in the
Etudes learned article, signed Yves
de la Briere, which is interesting be-
cause it takes up the whole question
and solves it with logical precision.
We recommend this article to the
serious attention and consideration of
our readers. 1t gives thorough treat
ment of question of utmost import
ance which is so little understood even
by Catholics.
Tho Quality Of Sovereign.
Going to the very root Of the discus
sion, the author inquiries if the fact
that the Pope no longer rules over an
independent state is sufficient to de-
prive him of the quality of Sovereign.
The Procurator General has decided
against the claim of sovereignty. But
it is necessary to distinguish in order
to avoid confusion.
Without an Independent State and
territory there can be no territorial
sovereignty de facto is true enough,
but there can be a personal sover-
eighty, nevertheless. If there is per-
son in whom is recognized complete
political independence, q person not
subject juridicially to any monarchy
or any republic, and who possesses
such moral and social authority that
Independent states believe it to their
interest to treat with him as one
power with another. how is it possible
to say that such person is not truly
sovereign, even if he does not de facto
rule politically over any territory?
A Positive Reality.
This is precisely the idea of personal
sovereignty. When therefore. it is a
question of the Pope, this hypothetical
idea becomes a contemporary histor-
ical fact; 1t becomes q positive reality
that cannot be disregarded in inter-
national law.
And here one must not confound the
personal sovereignty Of the Pope with
his spiritual jurisdiction, that by
which he, as Bishop of Rome. gov
ems the universal Church, as the le-
Ultimate successor Of the Prince Of the
Apostles and Vicar Of Christ.
Such jurisdiction affects only Cath
olcs in virtue of their religious faith.
But the personal sovereignty Of the
Pope Is historical and social conse-
quence Of his spiritual power, a his
torical and social consequence of the
herarchial and unified organization Of
the Catholic Church.
The consequence must be recognized
as an historical and social title as
we'll by governments foreign to Cath
olicism as by those which are devoted
to the Church. In fact, in every State
there exists compact nucleus of
faithful who recognize the Holy Father
as their spiritual head. From the Pope,
therefore. depends the spiritual con-
duct of these citizens in all affairs in
which the Catholic conscience is i'm
plicated. and the concourse of the
Pope will be necessary in all questions
which touch upon the religious inter-
ests Of such groups of citizens.
A Real Sovereignty.
This is an lncontestible fact. And
from it follows the conclusion that the
Bishop Of Rome ought to be accorded
ar exceptional situation, a real SOW
ereignty in the temporal and Internal
tional order. If the Bishop of Rome
must depend politically upon any gov
eminent whatsoever, If he must be
subject to the legislative, judicial or
executive power of this or that State,
that government or that State would
enjoy privilege which no other gov
eminent could tolerate.
That the Holy Father cannot be
subject to any temporal jurisdiction is
an absolute necessity Of his high mis-
sion, and is something to interest ev-
cry State that has Catholic citizens,
whether that State be governed by
schismatics, mussulmans, pagans or
Freemasons.
Thus the Bishop of Rome ought
necessarily to have power independ-
ent sui generis, and ought to be able
to treat with the various nations of
tho world. Such an authority cannot
be qualified even in the French Ian
guage with any other name than that
Of sovereignty.
Sacred Rights Violated.
And ,xyho