The San Francisco Call. Newspaper, February 25, 1896, Page 10

10 THE N FRANCISCO CALL, TUESDAY, FEBRUARY 25, 1896 FRST EON F B, 0, . OGS, He Takes Up in Public One of the Four Disputed Points. THE CHURCH AND STATE. Quotations Read From Ecclesi- astical Laws and Catholic Authorities. DEDUCTIONS OF THE SPEAKER. Claims He Has Shown That the Church Holds Itself Superior to the State. After three months of preparation the preat controversy known as the Yorke- | Ross dispute formally opened in Metro- volitan Temple last night, and if the pro- gramme announced is carried out will continue to-night and the two succeeding | evenings. There are four propositions involved, | which Donald M. Ross, representing the AR AL, irms, and which Peter C. Yorke, representing the Catholic church, | denies. They are as follows: I—*“The Roman church has the right to ex- ercise its authority without any limitset to it by the civil powers.” $ “The Pope and the priests ought to have )n over temporal affairs.’” The Roman church and her ecclesias tics have a right to immunity from civil law.” 1V—¢“In case of conflict between ecclesiasti- cal and eivil powers, the ecclesiastical ought to prevail.” These are alleged to have been included in a lecture delivered by the Rev. Mr. Ross which led to the issuing of the following challenge by Revy. Peter C. York AN FRANCISCO, November 2 189 1 will pay $100 in gold coin of the United | States to any charity named by Rev. Donald | M. Ross, if he can_prove to the satisfaction of | three non-Catholic lawyers that the above | statements, or the substance of them, occur in sny Roman Catholic publication as statements of Uatholic teaching. On condition that if the Rev. Donald M. | Ross fails to prove these words, or the sub- stance of them, occur in any Roman Catholie blication as statements of Catholic doctrine 1l pay the sum 00 in United States | in 10 a charity named by me. The arbi- | iall pe iawyers, non-Catholies, one to | n by me,one by the Rev.Mr. Ross, | W0 10 choose & t The money to »d with this third lawyer, and to be peid as the conditions requi This challenge was accepted by G. A.! Hubbell, manager and secretary of the | Patriot Publishing Company, Rev. Mr. | Ross having reiused to make himself a party to the bet. Metropolitan Hall was_fairly well filled last night when G. A. Hubbell appeared | before the audience and spoke as follows: Lad the 24th of No- ade aspeech in much place the newspapers of reans thet many people of this s and Gentlemen. T, 1895, I M. Re | . Yorke saw fit to take exception to jons in that speech and chal- d Donald M. Ross to produce proofs and that his four propositions are sub- d M. Ross accepted the challenge, set the day and place where he would produce his four pr le l proofs. He is here, he has kept faith with the public will so0n be on this platform. The ] 0, will in & few minutes be sitting on platiorm. he speaker then announced a vocal solo y Jessie Brock Morgan. When the singer had concluded, Mr. Hubbell again ad- | dressed the assemblage, saying: 1 st Jawyer appointed upon this board upon the question in dispute was W. As chairman of this meeting, I now n him to come forward. This is Peter C. ment. come Aiter a pause) response, the chairman takes it upon himself to appoint a bailiff to call for W.W. Foote, Peter C. Yorke's appointee. Mr. Budd was appointed bailiff, but soon returned and announced that no one had revlied to his call for Mr. Foote. Mr. Hubbell then continued: The second la » be appointed according 10 the agreement was nemed by Mr. Ross and is Mejor E.A.Sherman. The chairmen calls for Major Sherman Major Shernian appeared and was greeted with loud cheers and applause, and on the invitation of Chairman Hubbell, addressed the audience. He spoke as follow Mr. Chairman and Fellow-American Citizens: When I was first selected as one of the judges by Mr. Ross, he was a comparative stranger to me, and the appointment was announced prob- ably before my consent had been obtained; but feeling it to be a matter of duty which I owed to my country, 1 accepted and I am here. The sueakvr then gave a personal his- tory of Yorke, and claimed that Mr. F have made an appointment with him in order to select a thira judge, but that he had failed to do so. He then disclaimed There being no being a member of the American Protective Association and he added that that organization was not at all responsible for anything that he might do or v. He referred to the ban which the Masons had been placed by the Catholic church authorities, and called attention to the fact that Father Yorke had denounced him as the most conscience- less liar on the Pacific Coast. He added that he would not endeavor to return the compliment. Major Sherman next recited facts of which he claimed to have personal knowl- edge tending to show, he said, that the Caiholics were in a measure responsible for the murder of President Lincoln and | that the Catholic authorities were acces- sories to the murder after the fact. He also related some of his personal ex- perience in the Mexican war. He alleged that the Catholic United States soldiers of the regular army were induced by the priests to desert and to join the Mexicans, and he related an instance in which seventy of these deserters were captured in a skirmish and thirty-two were hanged. When Major Sherman concluded his address an effort was made to select two impartial judges from the audience, but the plan proved impracticable. Major Sberman explained that in court proceed- ingsa court commissioner sometimes per- formed theduties of a court and suggested that he be allowed to act as a commission- er in thisaffair. His offer was accepted and he was duly sworn to act in that ca- pacity, justly and impartially, The following isa copy of a letter that was sent by Mr. Foote to Rev. Donald M. Ross and_which was referred to by the latter in the course of his remarks: JEAR SIR: Your note, mandate, subpena or summons, whatever it mey be, (for I am at aloss to know how to designate it), has this moment reached me (1 o’clock P. M., Monday). When I was named by Father Yorke to act as one of the judges to decide the controversy pending between yourselves as to the authen- uicity of certain statements made by you, and Dot as an arbitrator between = Father Yorke and yourself, as you seem to as- sume in your mnote, etc., it was with the aistinct understanding that there was to be no public controversy, but merely 8 presentation of proofs, at such time, place and under such restrictions as the judges should determine. You can well understand that having ac- ceptea the place under those —condi- tions, I firmly but rbspfi!}l{:flly decline 10 attend the entertainment which you propose to give on the 24th, 25th, 26thand 27th of this month and that'1 will mot actupon the under | | cisco after such conduct as his is to me s last portion of you mandate, which reads as follows: Do you as the represeniative of the challenging ~party summo! co ference Mujor Edwin A. Sherman of Oakland, my representative, and a member of said board or court, and with him choose and agree upon & third lawyer to complete said board or court.” From the authority which, in your letter to me, you claim over the whole proceeding I think you had best run the proposed show yourself, with what assistance you can personally command. And in order that there may he no misunderstanding on the sub- Sect 1 will hereby state that neither Father Yorke nor myself expect any portion of the pro- ceeds, and we do not desire to _be held for any portion of the expenses. I think I may safely sy this much for Father Yorke, although I have neither seen nor communicated with him since vour second legal represeniative was named. The Rev. Donald M. Ross’ appearance on the platform was greeted with hearty and prolonged applause, and he spoke as follow Ladies, Gentlemen, Friends: 111 were to speak to you to-night as I feel I would have only words of bitterness, scorn and contempt, for I feel only scorn and contempt for him who would forget he has the responsibility of a gen- tleman and the assumed dignity of a pri wio would call into existence a court of tri of questions and then, after he had won his way, and the one who had been challenged had done everything that he could toward fa- cilitating the progress of the case, would come out and declare that that was nothing but a humbug. What & man can come to is clearly shown in this matter. He challenged me and he dared me to show the proofs. I declared my readiness and sim- ply asked this: in the submission of my proofs | to'the court that I might be allowed to tell | those proofs to my audience. But instead of that, atter he had publicly challenged me, he demanded that every word that I told should be told behind closed doors. Why, my friends, where is the justice of such a course as that? 1 declared my readiness to go on with the proofs in open court. Mr. Hubbell, in accept- ing the bet, said to him that he took up the bet provided the trial be in open Court. Right aiter that Mr. Hubbell wrote a letter, which was dated the 3d of December, to Father Yorke. Father Yorke's reply was dated on the bth of December. These words are in his letter of scceptance, ‘“This proposition suits me admirabl; Now, to-day, he comes forward in the press and contends that he never spoke such a thing, and in & letter sent tome by Mr. Foote in re- PIY to one 1 sent him asking him to come for- ward to-night, it is said that he had agreed not to have the discassion in publie. From this I can only assume that he has been instructed by Father Yorke not to have anything to €o with this meeting. I tell you, my friends, I have no feeling for him other 'than scorn’ and contempt. 1 feel | that 1 have accepted not the challenge of a man, but of & poltroon. Ifeelas if I had ac- cepted e conditions of one who is beneath anything that is honorable and manly. | How a man can face the public of San Fran- & tanding, thing beyond the possibility of und To-day Lie has crawled back'into his hole and taken Mr. Foote with him. And tais morning the Archbishop forgot 1o get up, aud says that he is sick. 1do not wonder that he is sick. 1f I were one who would depend upon him for | bringing me out of a hLole I would feel sick | self, and the Roman Catholics ought to feel The only name that I have heard that ap- plies to him is one that I heard from a friend of mine and one that was used for Father Yorke when he was a ragamuffin in Ireland. It is “shodderdegalion.”” It fits him. Now, my iriends, if you will permit me I shall take the liver I shall to-night make good the truth of the fourth proposition, which is: “Ln case of conflict belween ecclastical and | civil powers the ecclastical ought to preveil.” | athier Yorke said 1 wee a forger and a liar when I told it, and then aiter calling me everything that is vicious, when I tried to justify myself, then he gave ont that the court was nothing 1o him and called it & humbug. What is the use ot doing any thing more with au like that without treating him in any other way than you would the bark of a cur. Let me just siy this, that to-day they—for Father Yo: not alone, he has united with st after priest, and tney, in their united power, in their power of wealth, in their powerof organization, in their power of num- | bers, in their power of threats—have compelled | the people to g0 abroad over this City to_say that there would be no meeting here to-night. What he wented to do and what he tried to do is 10 tie my hands behind my back and then to beat me. He told me in the original challenge thatI could not make good wy position; that these things were forgeries. Then, when I have done everything jossible, they try to break down the dignity of the effort I 'was maklng to 10 that the statements that were made in nat paper were false. The shorthand motes of | the lecture in which it is claimed that I made W. W. Foote, please | | the cry of the Catholic church Mr. Foote, the appointee of Father | refer to Bronson. | carry. these statements that are involved in these four propositions are in existence. 1 h asked the reporter if these propositions were ted by me, and he said that not one of them was in my lecture. 1donot want to_impugu the honesty of any person in the San Francisco Chronicle, but the next morning after my le ture there appeared in_that paper a report in which were these four propositions, which I declare I never uttered that day. They were not uttered by me, and I never saw them until 1sew them in Father Yorke's challenge. Ido not blame the Chronicle, but they were put in there by some one to give some a chance to jump on me. rather Yorke said I was correctly reported. He was not there to_hear me. How could he say that unless he put those words in himself? After repeating the fourth proposition the Rev. Mr. Ross continued: The Catholic church s to-day the most pow- erful organization on the face of the earth. It knows no nationelity, it knows no language. And when the desire of thatorganization runs contrary to any one country I ¢laim that 18 that the church ought to prevail; but Father Yorke says that the church ought not to win in such a conflict. Now, in case Father Yorke and I were to take our costs off and get into confiict who ought to win according to Peter C. Yorke? [“You,” shouted some one in the audience.] In that case, however, the church declares that he should win, and when & man denies that he simply denies all of human reason and judgment and all the lessons of logic, for the church, I say, does teach thatin the case of couflict between ecclesiastical and civil pow- ers the ecclesiastical ought to win; but the government says it ought to win. Now, I pro- pose to show simply this, from Roman Catholic sources, their teachings, their doctrines, that they ought to win in any conflict between the church and the state. There is one whose name has been and is an an undoubted authority with the church. I He says: “The state is ote should | therefore only an_inferior court, bound to re- ceive the law from the supreme court (the church), and lable to have its decisions re- versed on appesl.’ Now, my iriends, where there is a conflict between & superior court and an inferior court every one knows that the superior court must Bronson contends that the church is the superior court and the state is the inferior courtand that the church has the right to ignore the decisions of the state when they differ from those of the chure! Another authority in the Catholic church is the great Cardinal Manning of England. Speaking of the laws of Germany under B marck he said: “And mnow the Berlin Government, it is d, is about to attempt to im- pose on every Bishop the following oath: The Bishops are henceforward 10 swear obedience to the laws ot the country; to bind themselves by oath to exhort the clergy and the laity; t0 be loyal to the Em- peror, patriotic and obedient to the laws, and not to permit the clergy under their control to teach or act in opposition to these principles.” Cardinal Manning says of the attitude of the Berlin Government, “The cynicism of that oatn is as clear as dey.” Is that in conflict as between the church and the state? Cerdinal Manning, the authority of the church, says that the oath ought not to be put to the Bishops, but that they should be absolutely free to do as they please. Furthermore, Dollinger, one of the greatest scholars of the Jaw of his time in Germany and a Catholic true and great, says : “Clement V11 had_already excommunicated the king, Henry VIII of England, but_in 1538 appeared a bull of his successor, Paul 111, which excited universal astonishment, He not only deposed the king and conrigned him to eternel perdition if he did not appear before his tribunal, but laid all England under an interdict. He forbade all divine worship and administration of sacraments, he forbade every Englishman to obey any royal com- mand, he deprived all the king's adherents of their civil rights, abrogated all treaties made with them and gave up the property of all Englishmen to be plundered by foreigners.” That was the attitude of Pope Clement VII when he differed with the Government of Great Britain, yet Iam told that I cannot find in Catholic sources that in case of conflict be- tween the church and the state the church ought to prevail, Again Dollinger says: “From the end of the thirteenth century and constantly during the fourteenth England had Tesistea the encroachments and extortionate demands of the Roman court.” ‘Without comment on the foregoing the speakrr then guoted as follows from Pope Pius IX: ““If the church should hesitate or give way be- fore an opposition of newspapers and of Gov- ernments its office as_witness and teacher of revelation would be shaken through the world. he encyclican *‘Quanta Cura,” December 8, 1864, reminds the bishops that the principle of naturalism in politics, which makes no sc- count of religion, in the regulation of civil so- clety, is contrary to Catholic doctrine; the modern ides thai the best government is one which treats true and false creeds alike, and Tty Of proving before the | | court whichever of these lour propositions I | | choose. | prove our stand in twow REV. DONALD ROSS. leaves to all men not only the complete liberty | lication where this law was stated. I have of conscience and worship,but the;unrestricted privilege of propagating whatever opinions they please, is a dangerous error.” Then, again, we have in the ecclesiastical laws of the church the following: If princes and_their laws deviate from the law of God the church has authority from God to judge of that deviation and to oblige to its | correction. When a Christian world came into existence the civil society of man became sub- ject to the spiritual direction of the church.” i e e b In whatsoever things, whether essentially or by sccident, the spiritual end—and that is the end of the church is necessarily involved—in those things, though they be temporal, the church may by right exert:1ts power, and the civil state ought to yield. The proposition is proved (1) from reason (2). We next prove our thesis from authority. We refer to the famous bull Unam Sanctum, issued by Pope Boniface VIilin 1302. true church, and therefore but one head of the church—the Roman Pontiff; that there are {wo swords, i. e., the two powers, the spiritual and the temporal, the latter must be subject to the former. The bull finally winds up with this definition: “And this we declare, affirm, define and pronounce that it is necestaay for the salvation of every human creature that he should be subject to the Roman Pontiff.” This | is undoubtedly an utterance ex cathedra. In fact, the bull had for its object to define dogmatically the relation of the church to the state in general that is uni- versally. bull is that the church, and, therefore, the Pope, has indirect authority over the siate; that,” therefore, the state is subject to the church in temporal things, so far as they re- late to eternal salvation or involve sin. Again, it says the spiritual power (i. e. the churca) The Catholic interpretation of this | This bull declares there is but one | has 10 instruct and judge-the eartily power if | it be mot good. It is, therefore, defined that the church, and, therefore. the Pope, in- direct power over the state and that Conse- quently the state in temporal things that in- volve sin is subject to the church. And thus teking the sacred authority wecan | by reason and authority, and the authority quoted is the church itself. In seeking for my authority I have gone through a vest amount of matier and not & statement could 1 find in Catholic literature that declares that the Government is not subject to the church. clares, defines and pronounces that the church isabove the state and that the state oughtto | be subject to the church, and that when they | differ there is but one thing to do, that the state come down and obev the church, On the 9th of June, 1862. Pius IX delivered an allocution to 4000 priesis and 265 cardinals, He denounced the prevalent errors of the day errors in religion, érrors in_philosophy, errors in politics, He censured the license of the anti-Christian press. e exhorted the priests to watch carefully over the training of the young. The_Government of the Ut that the press hall be forever iree. man Catholic church seys that the press shall not be forever free. There is but one position of the church and the state to take, according to this, and that s for the state to be governed Dy the'church. Pope Pius said: “If the church should hesitate or give way before an_opposition of newspapers and of governments, its office as Wwitness teacher of revelation would be shaken before the world.” The constitution must suit the church or the church will do to the constitution of the State what Satolli did to it when he came to the United States. He trampled on the constitu- tion and declared to the State what its duties were (Prolonged hisces). And he could not speak translator. Agnin I quote from Bronson’s Review: “The loss must be just or they do not bind; and the fundamental constitution of a State must be legitimate, for a measure is not justi- fiable simply because authorized by it or nec- eSSATY 10 preserve it. ited States says The Ro- supreme and the temporal subordinate. we suppose, then, that they are su logicians as not to perceive that in conflict between the two, the temporal not the spiritual, politics not religion, the state not the church must give way. “Church property is, both™ by ecclesiastical and divine right, exempt from the jurisdiction ivil government. Hence, laws enacted— , by Legislatures from the United States— pacitating church corporations from ac- quiring more than & certain specified amount of property, are null and void.” The Jesiit knows no country, knows no atriotism, knows notbing of nationality, of oyalty, or anything but ovedience to his church. This is from ecclesiastical law. 1 will now quote from Cardinal Manning in SD)’!!)OYC of my contentlons. That eminent Catholic authority 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 contact with the faith and the law it ad- mits of no appeal from its own decision to any tribunal out of itself to any judge of appeal in the past or in the future.” Again, from Bronson’s Review the follow- ing is taken: “‘Atbottom, then, the question is simply a question of the rights and prerogatives of the spiritual order in the face of the temporal, hat order we have found to be by its own nature independent and supreme. Every Christian, every moralist, = every man does and must concede it, however by so doing he may reflecton his own practice. If then that order be represented on earth in its plent- itude by the Pope, he must necessarily be in- dependent and supreme in face of the répresen- tatives of the temporal order, that is, in face of the secular authority of the prince of the state.” “In any question as to the competence of the two powers,” says Cardinal Manuning, “‘either there must be some judge to decide what does and what does not fall within their respective sphere or they are delivered over to perpetual doubt and to perpetual conflict. It is clear that the civil powers cannot define how far the cir- cumference of faith and morais extend * * * But if the church be certain with a divine certainty as to the limits of its jurisdiction its voice in’'such matters is final. Butan author- ity that can alone define the limits of its own office is absolute, because it dependson none, and infallible because it knows with a divine c('nain!;' the faith which it has received in charge.’ Manning again says: ““If then the civil power be not competent to decide the limits of the spiritual power and if thespiritual power can define with a divine cer- tainty its own limits itis evidently supreme. Or, in other words, the spiritual power knows with a divine certainty the limits of its own jurisdiction, and it knows, therefore, its limits and the competence and the limits of the civil power. 1tis, thereby, in matters of reli gion and conscience, supreme. The church, therefore, s separate and supreme. “It alone can decide in questions where its power is in contact with the civil power."” And the ecclesiastical law declares: bt 1 laws derive all their force, so far as they are applicable to ecclesiastical matters, solely from the authority of the church.” Upon the same point of the supremacy of the church Bronson’s Review says: “You may object to us on theological grounds if you choose, but not on political grounds, for the political law is and must be subordinate to the religious law, and we have as American citizens the right to}:neuce our religion without restraint. * “Whenever the civil law comes in conflict with the religious law the civil, not the re- ligious, must give way.” [ Iw asked to produce & single Catholic pub- ‘The church de- | t to the American people without a | “Assuredly, then, we may assume it as set- | tled American_conviction that the spiritual is Can produced many. 1 do not wonder that such damnable tricks have been resorted to by the priesthood of San Francisco to prevent me from Ppresenting to the people the righteousness of my position. But they cannot succeed. [Ap- plause.] Let me quote again irom Brownson: “We do not advocate—far from it—the notion that the church must administer the eivil government. What we advocate is her Supremacy as teacher and guardian of the law of God, us” the supreme court which must be recognized and submitted to as such by the state and whose decisions cannot be disre- | garded, whose prerogatives cannot be abridged or usurped by any power on earth without rebellion against the divine majesty and rob- bing man of his rights. As Christians we must insist on this supremscy, as Catholies it is not only our duty but our glorious privilege to assert it."” - Do you wonder, my friends, that the Arch- bishob is sick in bed? [Applause.] f religion and the laws come in confifct,” says Brownson, “it is the laws thatare to be reformed, not the religion that is to be sup- pressed.’” If religion and the laws come into conflict it is the laws not religion that is to be re- formed. Why is like getting ready for the inquisition. ¥y want to straighten some of us out, Yorke is & contemptible, unmanly thing—a man brought up from the depths of charity and hic now comes forward pretending he has come down heaven. [Applaus A voice—Yorke says you are an alien. Ross, I am an Américan; I am an American by birth. [Cheer: It is the only s earth 1 ever had my foot on. America has peen over me all my True, T was born & little farther north than the forty-ninth parallel, but the man whose name we all admire—George Washington—was born under the British flag; the men who signed the Decisration of Independence and the first Presi- dents, Washington, Jetlerson and the Adameses, were bLorn at a time when this country was under the British flag. My home is happy. 1t breathes the air of the revolution, as my wife und my children belong to the Daughters of the Revolution. My three | little girls were born here in California and they are my pledges of loyalty to my country [Applause. Lwill now quote from “Religious Instruc- tion,” u textbook of the Catnolic church and approved by the Propaganda: “By virtue of this diviné institution the marriage of Christians is a sacrament, and will ever remain so. Any matrimonial con- tract between Christians not having the char- acter of a sacrament would not be a real mar- riage, nor even & valid contract. The purely natural contract no longer exists, except among infidels—that is 10 say, the unbap- tized. “(1) Marriage consists essentially in a con- tract’ formed between two persons, and is called the contract of marriage; (2) what is commonly called efvil marriage differs essen- tinlly from the ecclesiastical marriage, which alone is real marriage, the former having nothing but a name. “Civil marriage i a simple legal formality by virtue of which the affianced are considered as | man and wife in the eyes of the law, and they enjoy the rights which the law accords to married persoms and their legitimate children. This purely nominal marriage in no way con- stitutes the aflianced man ana wife before God, and if they did not also contract the ecclesias- tical marriage their living together d be asin.”—Religious Instruction, pages “Matrimonial union once consummated is indissoluble, and only ceases with the death of one of the two parties. No human power can break the sncred engagement of marriage that a fresh union may be contracted. What is called civil divorce Jeaves the matrimonial tie in full force, and while the two persons are alive a new marriage is impossible. If at- tempted it would only be a detestable adul- tery.”—Religious Instruction, page 228, A marriage contracted solely before the 1 authorities is not a real one in the eves of God and the church. Such pretended union, called u civil marriage, i nothing but a shameful concubinage in the sight of God. Marriage with Jews or infidels is null and void.”—Religions Instruction, page 378. “That what is called the Inquisition con- sisted of a court of justice, which was at the same time ecclesiastical and civil. It was es. tablished to take cognizance of the crime of heresy and to punish the guiity. The tribunal of the Inquisition was called the ‘Holy Office.’ Abont the year 1200 it was institnted by Pope Innocence IiI, in order to repress the Albi- genses and the Vandois. As these sects pread together with their errors a_spirit of rebellion against the two authorities, in- ! struction and persuasion were at first tried, in order to reclaim them to a sense of duty, but when these means were found to be ineffectual, the ecclesiastical and clvil powers being equally menaced, united against the common enemy; the former lent its authority to dis- cover crime, and the latter to punish it. Hence the origin of the inquisition.—Religious In- struction, p. 75-6. In dealing with the Emperors of Germany the Popes have been more authoritative than with other sovereigns, but it was because these princes were exceptionally situated. In re- Suscitating the . Fmpire of the East the Pavacy had established a Christian empire, subject in temporal matters to an elective chief. The election was accompanied by & solemn promise to observe the ruies of a certain constitution, the neglect of which should deprive the elecied of his rights. The Pope of nacessity became his judge in this, and he alone could decide as to his shortcom- jugs; and thus it happened that in passing judgment upon such a chief the Pope released his subjects from their oath of allegiance. The deposition which followed was & legitimate consequence of the Germanic constitution.— Religious Instruction, p. 93. If the state is bound to defend the prorerty of the citizen from robbery and his life from ageressors from within and without, it is equally bound, according to the measure of a moral possibility, to protect that which is in- finitely more precious, his_intellectual and moral welfare, from errorand corruption; that is to say, the state must protect the true prin- ciples of order and true religious and moral doctrines, and it must defend them from the public srandals of the press, of false teaching, of the theater and of all pernicious societies. Religious Instruction, p. 101. The sentences which the secular power pro- nounces in the cases which concern the es- sence and properties of marriage decide noth- ing; hence should it meet with any of the faithful so forgetful of their baptism as to be satisfied with the prohibitions, the consent and the judgments of the secular power, what- ever consideration they may enjoy among men they shall not escape the opprobrium of hearing themselvef called before the tribunal of God fornicators and adulterors. — Mar- riage 99. The speaker then cites the following as authorities for his contention: The Pope in the syllabus (Prop. 80) condemns those who say that the Roman Pontiff may and ought to recorcile himself and come to terms with progress, liberalism and mod- ern civilization. This is undoubtedly true; for this so-called modern civiliza- tion’ is not a genuine but a sham pagan civilization, which insists on material im- provement, and advocates the superiority of the tem[;‘orsl over the spiritual order—nay, de- stroys the letter altogether. The Pope can never sanction this; were he to do so the church would cease to be the teacher of man- kind. Inupholding, as_the Pope is bound to do, independence and supremacy of the spiritual order, he isa stanch advocate of true liberty.—Jouin' 303. Now it is evident that the church insti- | P | tuted by Christ is a society complete and inde- pendent,because it has been formed by God him- self, from whom it received its own authority, apd to this authority alone does it belong to prescribe the means by which, in ac- cordance with the law given by Christ, its end is to be 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 aposties 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, pp. 324 and 325. The church, being a society instituted by God with the object of leading mankind to sai- vation, must in all things belonging to her be independent of civil society, as we stated above. No law of any State, framed in opposi- tion 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. 363. When in doubtful cases a collision of rights might arise, it is evident that, to preserve the union between the two powers, the state must vield to the church, since she is the higher power, and she slone is competent to deter- mlne;ne limits of her own jurisdiction.—Jouin, The exercise of the deposing power argues no undue interference of the Popes with tem- poral rulers. By eensulting 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- tendom, 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 will. No'temporal ruler could be interfered with so long as he did not deviate from the laws of right and justic Nor did the Popes exercise this right directly. It was rather an arbitration, the pronouncing of a judicial sentence, which declared that, since the temporal ruler had evidently proved unfaithful to his coronation oath, the people on their part were absolved from their oath of allegiance. —Jouin, p. 366-7. To assert that persons are legitimately mar- ried by a magistrate without the concurrence of the sprited 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. INDEX. “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- cern of the State before being the concern of religion and any chureh; it desires that the laws and regulatiovs of religious society should bend before the laws and regula- tions of the State. Against this pretension of the secular power it is established that the legislation on marriage, 8s to its essence and its_essential properties, belongs to God alone and his church.’—Marriage, 227. Pius IX in an allocution September 27, 185 “Inter fideles matrimonium dari non posse quin uno ecdodemque tempore sit sacra- mentum.” _“Among the faithful there can be no mar- riage, unless there be at one and the same time & snerament.”—Marriage 205. “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 sll civil effect, but they are in reality shameful and sad concubinage.”—Marriage 207. “Marriage is a 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 springfrom asacred authority. Thisauthorit; you have named it, it is the churcn.’—Ma) riage, 103. “The church,” says Pius IX, “is a real and perfect society, entirely free, enjoying the dis- tinetive perpetual rights which were co ferred upon it by its Diyine Founder.”—Rey- Father I'.X. Sehouppe, of the Soctety of Jesus, page 50. The power of the church differs from tne civil power, which, being purely human and resting on 'natural rights, is founded on the natural order established 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 chureh is divine, it follows: (1) 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 it is entirely independent. Such is the harmony which, fccording to the viewsof God, should reign between the two powers; and it is a grevious and condemned error to say the the church should be subject 10 the sec lar, or that the church should be separated irom the state and the state from the church. ““The mutual relations of the w0 powers isno obstacle to their reciprocal independence. Exch 1 its own sphere is sovereign and inde- pendent, excepting, however, the subordina- tion 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 welare of man so the civil power 1is subject to the religious power in the sense 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 reiigion of Jesus Christ. Governments are Dbound 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 1ights of the churca is an abuse of power and an in justice before God.”— Father F. X. Schouppe on *‘Religious Instruc- tion,” p. and 65. “The power of kings,” said Pius IX, repeat ing the words of Pope St. Innocent aud 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 1o a prince than to leave the Catholic’ church in vossession of her own rights, and to allow noue to interfere with her liberty. By virtue of her power of the minis- try, the church administers all the sacraments, not e‘(l'epling marriage, of which she is sole judge, with full power to create invalidating impediments or to dispense with them. By the same faculty she grants indulgence, institutes feas regulates the ceremonies of the holy sacrifice and all that co tutes public wor- ship.”—Religious Instruction, page 66. “What must be thought of civil tolerance from the point of view of right? In principle absolute civil tolerance is bad and unjust, and contrary to both natural and divine right. Though the state possesses no authority in religious matters, itis none the less obliged to further interests of religion, as being a power charged to protect order and morality. ““When a 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, Pius IX, in his address July 30, 1871, said: *“‘Among all otber errors, that i§ malicious = above all which wonld at- tribute (to the infallibility of the Pope) the right of deposing sovereigns, and of absolving people irom the obligation ef allegi- ance. This right, without doubt, has been exerclsed 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 infallibility, but from the authority of the Pontiff.” —Jouin, page 368. “Marriage has always been considered as fomething sacred; it is only modern infidelity which iooks upon’itas & mere civil contract. The Catholic church teaches that it is a 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 a right to promote education; but it cannot arrogate the right of education, because it does not possess the gift of mfallibility.”—Jouin, page 373. ‘It follows, therefore, that the State has no right 0 impose taxes in support of common schools, from which all religious training is banished. Were citizens to snow negligence or unwillingness to support their own schools, the state might, perhaps, order a tax for the maintenance of schools: but in this case it would be bound to distribute such funds pro rata to the different religious denominations for the keeping up of denominational schools. These Godless schools are advocated on the ground that, in & country where a mixture of Teligious creeds exists, ail religious teaching must necessarily be excluded from common schools supported by the state. But this ex- cuse is merely another proof that, in this mat- ter, the state has neither power nor aptitude to {egislate.”—Jouin, pages 37475, “The state, therefore, must be subordinate to the church and accept from her the principles of divine law, that it may be enabled to frame its own laws in accordance with those of God. To state that the state is entirely independent of the church is tantamount to holding that it is independent of God, and need not be snbject to his law.”—Jouin, pages 378-79. Tertullian in his book, ““Ad uxorem,” again says: ‘“Ideo penes nos occultz quoque con- junctiones hoc estnon prius abud ecclesiam, rofess® juxta mwchiam et fornicationem udicari periclitantur.” “There are among us unions which are not made before the church, and they run the risk of being called adultery and fornication.”’—Marriage, 178. Tertullian in his book, ““Aa uxorem,” recom- mends the faithful to receive the nuptial bene- diction =0 as to removeall suspicion of fornica- tion and concubinage, which rests upoa those who marry privately.”—Marriage, 173. Canon 7, Council of Trent, session 24, reads as follow: f any one says that the church hasbeen and is in error when she has taught and teaches * * * that the tie of marriage cannot be broken by the adultery of husband or wife; that a married person, even innocent, cannot during the lifetime of the partner con- tract a new marriage, * * * let him be ana- thema.’ —Mu’rilge 200, “Wehave established the legislative power of the church on these two principles: First, thatmarriage, in its essence, 18 a sacred thing, belonging to the forum internum, over whlcg, conu%uenfly. the civil power has no right. Second, that in Christian marriage the con- tract is inseparable from the sacrament, which places the conjugal union in the hands of the church, the sole dispenser of things sacred.” Marriage, 211. “The sccular power has no right over what is given in marriage.” Marriage being chiefly a sacred lhinf the civil power can have no au- thority over its essence and its fundamental roperties. ‘Incompetency of the civil power 1s still more manifest if we consider that mar- riage is a sacrament.”—Marrlage, 228. ¥ “Peter C. Yorke in the Momtor said edi- torially of Mrs. Slattery that she was Slattery’s substitute for a wife.”—Monitor. “She binds, she looses the coniracting wills. Their consent cannot unite them if she pre- vents it. There are no further obsiacles the moment she shall speak. Where the tie is doubtiul she alone has the right to pronounce on its validity. If she decides that all is done well, they must remain united. They are iree if she says it isill done.”—Marriage, 104. “Canon 17 of the Council of Trent, session 24, ‘Si quis dixerit ecclesiam non potuisse constituere inpedimenta matrimonium diri- mentin vel in iis constituenai errasse anath- emasit.’ If any one shall say that the church cannot establish impediments snnulling mat- rimony, or that she has erred in establishing them, let him be anathema.”’—Marriage, 105. “Tne church of her own suthority—tnat is to eay, independently of any civii power or magistrate, but only by virtue of the power she received from the Divine Founder—can en- act laws concerning Christian marriages, regu- lating their contract and affecting their law- {ulness and valldity which no other laws can do, by whatever magistrate or authority they may be enacted, unless approved and sanc- tioned by the same.”"—Amat. 21. 3 ““The church of God never ceased toincul- cate the unity and indissolubility of marriage, etc.” Amat. 2! 3 “The church respects the civil laws and even enforces them whenever they are not in opposi- tion to those of God and of her own; but in case of any opposition between the laws of the church and those of the prince or the states, those of the church would stand as to thé validity or inyalidity of the marriage contract before God, whatever might be the opinion and judgment of men to the contrary,” etc.— Amat. 21, ““The church has always judged upon matri- mony without any regard to the civil laws of the country in which they had been con- tracted.”—Amat. 22. “The church has never, nor shall ever, recog- nize the validity of a matrimony contracted in virtue of & divorce from a previous marriage validly contracted. She rather looks always upon it as an adulterous union according o that of our Lord.”—Amat. 26. “In the catechism of Dr. Butler and Milner we iind: Q.—Can the bond or tie of marriage be ever broken? A.—‘It never can but by the death of the nusband or wife.” All Catholics of all nations are bound to defend the tem- poral rights of the church.’—Pius 47. “I mean to assert that the temporal rights of the Holy See are most intimately connected with our dearest and our most_sacred religious, soeial and politicalrights.”—Pius 11. he Roman peeple, had they so_desired, nad no right to transfer by their suffrage the Patrimony of St. Peter 10 tor Immanuel.”— Gibbons 170. “The second Lateran council held in Rome, 1139, under Pope Innccent XI, attended by 1000 Bishops, condemned the opinions of Albigenses and the heresies of Peter de Bruys and Arnold Brescia, and suppressed the schism of Peter Leo.”—Catholic Belief, 127. “The first Council of Lyons, 1245. under Pope Innocent IV, excommunicated Frederick 11, Emperor of Germany, and deposed him.”— Catholic Belief, 128. “The right of the church is alweays the same; the matrimonisl contract is a sacrament; is one and indissoluble; its administration is confined to the pastors of the church, who alone of their own authority can establisi laws regulating the same and affecting its validity and iawfulness, which a1l Christians are bound to observe, as we have heretofore proved.”— Amat. 28, - “Of the nine impediments which rende: marriage null and void the ninth is cland tine performance of marriage.” Second Solemn Vow of Chastity, Catechism of Perseverance,23. “*Nor can any Christian atany time under an pretext whatéver apply to any civil magistrate or any court wnatever for a divorce of a marriage validly contracted for tne purpose of marrying another or avail himself of adivorce previously obtained to get married egain to anotner. The only exception that exists in this respectis * * * when marringe has been contracted by two infidels, or unbap- tized persons, end one of them niter marriage embraces the Christien faith, if the unbeliever abandons him or will not live peacably with the new convert, this remains free from the first tie and can get married to another.” A The tribunal o! the Inquisition is composed o asupreme chief, who iscalled the grand inquis- itor, and is always either an Archbishop or Bishop, and of eight ecclesiastical counselors, six of whom must be of the Dominican order, by virtue of a_privilege which was granted by King Phillip IIL.—Inquisition 39. “If the accused be declared a heretlc the tri- bunel, atter having pronounced sente ce of confiscation, hands him over to the secular power for legal punishment, ete. If the proofs | are not irresistible, if the culprits are not obstinately attached to heretical doctrines s they mre merely required to abjure them. A certain family stain ana & civil dis qualification whereby he can hold no office under the Government are the result, etc. Let human legislators, in_enacting laws concern- ine marriage, be careful not to extend their | legislative power beyond the civil power confided to their ‘care; directing well | according to the rights of eternal justice, the effects resulting from the matrimonial contract, inasmuch as they may affect civil order or the order of society, and leave sacred and untouched the matrimonial | contract itself as an institution of God and their laws will be by all respected. But if they go beyond that their laws shail command neither respect nor esteem, not even obedi- ence, whenever people will be able to evade them.”—Matrimony, by Amat, Monterey. “Pope Nicholas I'say: ‘Civiles imperatorem leges nullum posse praejudicium inferre evan- gelicis, apostolicic atque canoniceis decretis’ Zthe laws of emperors can in no way preju- dic the evangelical, apostolical and canonical laws. Marriage, 204. “The secular power has, then, nothing to look after when & man is giving himself in marriage; it has nothing to look after, either, in what he does when giving himself. * * = Let the profane keep far irom here.”’—Mar- riange, 93. Yor weighty reasons ecclesiastical authority sometimes allows the parties to separate, and not to live together; but the marriage always subsist before God and the church, even when the civil authorities grant a divorce accord- ing to the law. To mArry again aiter separa- tion, and live together in that way, is to live in a'state of perpetual sin. Religious Instruction page 379: “Will it be said that the chureh in afirming her rights does not exclude that of princes? This would be to misunderstand her constant doctrine both on the pre-eminence of her leg- islation and on the very essence of marriage.” —Marriage 204. Catholic Education—A lecture delivered in St. Peter’s Church, Barclay street, New York, on Thursday even ng: May 23, 1872, by Father Burke. He'sa; “The Catholic church insist, in the teeth of the world ana in spite of the world’s pride and ignorance and bloated self-sufficiency—the Catholic church insists, as she hes insisted for eighteen hundred and seventy-two years, on saying: ‘I know how to teach; you don’t. You must come to me; you cannot live withont me. Don’t imagine you can live by yourselves, or yoa will fall back into the slough of your own impurity and corruption.’ " The world dces not like to hear this. The Catholic church insists that she alone under- stands what education means; the world does not like to hear that. ButIcame here to-night 1o prove it. The speaker continues: There is more to read to you f 8 cations of the Catholic chureh-—of tfa‘:aecg-‘x‘?g;: that claims to be of Jesus Christ; that claims to be infallible—quotations most appalling showing the murder of St. Bartholomew ani other terrible crimes for which Rome isdirectly Tesponsible. [Prolonged applause.] Chairman Hubbell then announced that the meetings would be continued for the next three nights, and Major Sherman said, “This court now stands adjourned.”” Donaid M. Ross was warmly congratu- lated by his friends, who gathered about him in large numbers to shake his hand. HUDELSON TO WAIT. The State President of the A. P. A, Will Withdraw Temporarily From the Controversy. The following communication explanatory : To the Editor of The Call-DEAR Sir: convinced that in your reporiof the prosen ings of the culmnating Yorke-Ross challenge matter the public will have all the food for thought upon certain lines that its necessitigs Tequire, and for that reason I shall postpone my reply to Father Yorke’s last continued-in- ?{;—g&):lt‘fll;;::;?nt% mAy ;Ilnher discussion of e A. P. A, til] . colnclude‘d hi:’ Pproceedings. SR am pleased, however, to note that Father Y‘?rke, completely abandoning his former charge that the American Protective Associa- ton is a religious organization, occupies half a column more or less of your valuable space in Proving my original proposition that the AP, A.is & political organization. True he uses the term political “party,” but doubtless not having had the experience of a lifetime 1n the United States he is ignorant that there exists & difference between n political rty” and a political “organization.” A polmc-l organi- zation can scarcely be termed a “party” until it nominates a separate Party ticket at any election. For instance, the Iroquois Club s a political organization,’ vet I scarcely think that Father Yorke, for af/his wisdom, would term it a political “party. llengecdully, . F. L Btate President A. P. A. o‘f"(’!:ll??:;nll. self- LABORERS N POLITICS, Qeveral Interesting Addresses at the Painters’ Open Meeting. A Prospect That the Bosses Will Come to Terms— Carpenters’ Business Agent. Those who have kept a close watch have observed that there is a growing bqofn_xn trades unionism in this City and vicinity within the past few months. New unions and combinations of unions have sprung into existance and others have felt the in- fluence and taken a new lease of life. How this spirit of progress started is not known. Foremost in the lead are the building trades. Six months ago several unions of this craft could hardly secure a quorum at their meetings. Now their halls are crowded on every meeting night and the membership rolls have run up from a few dozen to many thousand and every day brings new members into the organization. A prominent trades-union man has summed up the situation in this way: For years the unions have struggled along endeavoring to better the condition of their members, but to no purpose, for they have not won a single important victory in standing for what they considered to be their rights. The reason for this is they have not stood together as unions, byt each stood selfishly for itself. The work- ingmen have at last recognized this fact and now they are convinced that in united unionism is their only hope for relief and that new tactics must be pursued in order to accomplish anything. This is manifest by the fact that there is a general movement toward entering pol- itics, not on the old party lines, but 1n the formation of a_workingmans’ party. 10 this end is the labor convention working, supported by the entire strength of the building trades, the socialist element of the community and with a prospect of the support of all the other organizations of workingmen. This and kindred subjects were discussed last evening at the open meeting of the painters and decorators at Washington Hall. The large hall was filled to the doors, and a number of stirring addresses were delivered by James Andrews, R. T. Mclvor, P. Ross Martin, James Rose and | others. In speaking of the differences | with the boss painters Meclvor said that there i every prospect of | the difficulty being settled without the necessity of resorting to drastic measures. March 1 was set as the date when the painters and decorators would | demand better wages, shorter hours and a recognition of the working-card system. He said that the largest and most respon- sible painters are in favor of acceeding to the demands of the journeymen, but that a formal reply to the latter's open letter | cannot be outained until March 5, as the | master painters will not wait until the 4th. Those who acceed to the demand will be liberally supported, but those who | bold out will be fought to the bitter end. Should all tne master painters think unfaverably of the proposition then the | journeymen will secure stock materials, form companies and go into business on their own account and make contracts for painting at such low rates that no out- side contractor can make a living. Martin gave the painters a few cold facts | that made them do a little thinking. He said that in the United States there are 1 3,500,000 idle people ready to do anything to keep from starving. The boss painters know they could ure plenty of work- men and this knowledge had made them i confident of success when dictating the terms to unorganized or poorly organized laborers. The latter by standing shonlder to shoulder could secure their rights and in no other way. Besides the addresses there were a num- ber of songs and recitations for the enter- tainment of the audience. Hereafter these open meetings and entertainments will be Leld semi-monthly. At the meetings of Carpenters’ and Join- ers’ unions 483 and 304 it was announced that E. R. Jonnson, the business agent for the Carpenters’ unions, had resigned his 4fmsi!iun. He will go to Alaska to work, eaving on next Saturd Johnson has beld the position of walking delegate for several terms and was well liked by the carpenters. His place will be temporarily filled by a selection by the district council. His successor will have to be elected at a meeting of allthe carpenters’ unions. HE SHOT TO KILL James Duffy Uses His Revolver on a Broadway Restaurant Keeper. An excitig shooting scrape in which Ex-Deputy Sueriff, Ex-Deputy County Surveyor and Ex-Custom House Official James Duffy was the aggressor and Rob- ert Tosy, proprietor of the Original Bon- gustapo restaurant, his intended victim, occurred last evening on Broadway, near Kearny street. Duffy fired two s{o!s at the frightened caterer, both of which for- tunately missed, and before he could again use his revolver he was seized by Officer J. Purvis. The trouble was caused by a dispute over the payment for a meal that Duffy and a friend had in the restaurant. Snes i e Senator Jobn M. Thurston of Nebraska says he is a descendant of that Thorstien, son of Eric the Red of Scandinavia, who is said to have made an expedition to Vine- land (New rngland), in 1005. Ata later period the family settled in England, and one of its members was Thurston, twenty- eighth Archbishop of York NEW TO-DAY. - Tumblers Tmble! On Monday, Tuesday and Wed- nesday only we will scll fine thin Engraved Glasses at 60c per dozen —a splendid bargain. The newest shape for Claret, Lemonade, Soda, Etc., Etc. Also a practical well-made Night Lamp for : CENTS. 5 CENTS. Burns 30 hours without refiliing. See them in the window. THAT BIG CHINA STORE— A Quarter of a Block Below Shreve! WANGENHEIM, STERNHEIM & C0., 528 and 530 Market St., 27 and 29 Sutter St., B! LOW MONTGOMERY , T0 MERCHANT TAILORS AND CcCUTTERS!: N OLD ESTABLISHED TRADE FOR SALB é& cheap, on account of sickness. Apply at 48] earny sireel. between 2 and 4 o'clock.