Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-12-08

cuped part of the country offers to arrange for The
payment of the clergys salaries from September LIST
or October 1st 1914 but condition that the various
members of the clergy sign declaration by which
they pledge themselves not to undertake anything and
to refrain from everything which might be preudicial
to the German administration,
Certain considerations which have, believe es-
capped the civil administrators notice will make the
juridcal and legal status of the Belgian clergy clear
and will, feel sure, receive your Exceencys atten
ton
First Ministers of worship not state func-
tionaries.
Second. Their salaries are paid them as an In
demnty in compensation for confscated ecclesi-
astical property.
The members, therefore, Of the clergy neither
take oath give even q pledge TO the Belgian
Government but merely subject like ordinary
citizens, to the general laws Of the country
First. said your Excellency that ministers Of
worship in Belgium not public functonaries.
Our Court of Appeal has explicitly recognized
this i'll its decree Of March 4th 1S47 i'll which it af-
firms that by virtue Of their Office ministers Of wor-
ship have executive authority, do they exer-
else any In fact only those be regarded as such
says the decree, who either directly indirectly
delegated by the law by the Government to exer-
else any kind of authority; and ministers Of religion
nave certainly no junction OIL tnlS nature
Second. added that the salaries are paid to
ministers the ground of indemnity. In the terms
of Article III of the Belgian Constitution, Salaries
and pensions Of ministers of worship charged to
the State the necessary sums to meet these in
cluded i'll each years budget
Ancient PriUiLegeS of Priests
The discussions preceding the framing of this ar
tce show that the Congress looked upon salaries and
pensions for the clergy compensation the
grounds of indemnity for the ancient privileges of
which the Catholic Church deprived at the time
of the confscation of ecclesiastical property.
From the very beginning of national indie
pendence His Highness the Prince de Mean, Arch
bishop of Manes, anxious to guarantee to the Catho
lie religion that full and entire liberty which alone
for it peace and prosperity, wrote to the
National Congress follows "The State has appro-
prated ecclesiastical property only with the obga
ton of providing adequately for the cost of public
worship and the maintenance of its ministers; wit
the first article of the French law of November
3D. 1889. The Holy See its side only ratified the
alienation in the interests of peace expressly stip-
uatng that the Government should undertake to pro-
vide the clergy with competent salary, evidenced
both by the 18th and 14th articles of the Concordat
of 1901, also by the Bulls referring to these In
order to provide against unjust preferences and
the plea of these salaries to prevent any agent of
the executive power from Interfering with the free
exercise of public worship by bringing to bear any il
legitimate influence the opinions and conduct of
ccclesiastics it would be needfu that the apporton
ment of these subsidies be fixed by law.'F
In fact, the legal Government has never exacted
from the clergy declaration antecedent to any pay
nent of salaries If the German Government were to
exact it, it would impose the clergy status in
ferior to that guaranteed them by the Belgian Con-
stituton.
firmly trust that the Governor General will give
his far-1hinded attention to the views herewith ex-
posed and will admit their soundness.
beg your Exceency to receive the expression of
my greatest esteem
(Signed) D. j. CARDINAL MEBClER'
Archbishop of Malines.
sSee the discussions of the National Congress, by
Huyttens Vol. T. p. 525.
(TO BE CONTINUED
Copyrioht. 1919, Public Ledger Co.
Oht, Public Ledger Co.
Unconditional Copyright, bv Public Ledger Co.